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Home My WebLink About04/21/2020 (5)BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 21, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller This meeeting can be attended virtually by accessing YouTube Live. Instructions can be found on the back of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Jeff Smith, Clerk of Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6 APPROVAL OF MINUTES 6.A. Regular Meeting of January 14, 2020 7. INFORMATION ITEMS FROM STAFF OR: COMMISSIONERS NOT REQUIRING BOARD ACTION April 21, 2020 Page 1 of 5 7.A. Floodplain Management Annual Progress Report (NFIP CRS Activity 510) Attachments: Staff report IRC Floodplain Mgt Progress Report 7.B. 2nd Quarter FY 2019/2020 Budget Report Attachments: Staff Report Reports at a Glance 2019-2020 Qtrly Budget Report Q2 201920 expense Qtrly Budget Report Q2 201920 revenue 3-31-2020 Expense Analysis Budget Amendment History 1920 8. CONSENT AGENDA 8.A. Checks and Electronic Payments April 3, 2020 to April 9, 2020 Attachments: Finance Department Staff Report 8.B. Award of Bid# 2020032 - Medical Services for Persons with Special Needs (PSN) Shelter Attachments: Staff Report Sample Agreement 8.C. Ranking of Firms and Approval of Agreement - RFP 2020025 - Disaster Debris Management Services Attachments: Staff Report Sample Agreement 8.D. Memorandum of Understanding with IAFF Local 2201 ("Union") Regarding Coronavirus Disease Attachments: Staff Report MOU with IAFF re COVID -19 8.E. Amendment No. 1 - FDEP Grant Agreement No. 19IR3 Vero Beach Restoration - Sector 5 Attachments: Staff Report Amendment No. 1, FDEP Grant 19IR3 IRC Grant Form No. 19IR3 8.F. Work Order No. 14 - Morgan & Eklund, Inc. 2020 Beach Profile Monitoring Surveys (SUMMER) Attachments: Staff Report Morgan & Eklund, Inc. WO# 14 Morgan & Eklund, Inc. WO# 14 Scope April 21, 2020 Page 2 of 5 8.G. Approval of Change Order No. 1 to Work Order No. 2 with GK Environmental, Inc. for Shallow Marsh #2 Landscaping Services at Osprey Acres Floway and Nature Preserve Attachments: Staff Report Change Order No. 1 to Work Order No. 2 WO 2 - Change Order 1 Backup 8.H. Approval of Resolution Adopting the 2020 Indian River County Emergency. Plan for Hazardous Materials Attachments: Staff Report Resolution 2020 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1 Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. Ranking of Firms and Approval of Agreement - RFP 2020014 - Agent/Brokers, Self -Insurance Funds and Direct Writing Insurers for Property and Casualty Insurance Attachments: Staff Report Sample Agreement F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS April 21, 2020 Page 3 of 5 13.A. Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements Angela E. Hicks-Rosalia - 66th Avenue, Parcel 124-B Attachments: Staff Report Final purchase and. Sale Agreement Aeral Photo - Hicks-Rosalia parcel 66th Ave parcel 124-Bv- 04.16.20 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Minutes Meeting. November 19, 2019 15.A.2. Approval of Minutes Meeting December 03, 2019 15.A.3. Approval of Minutes Meeting December 17, 2019 15.A.4. Approval of Purchase for New EMS Report Writing Software Attachments: Staff Report ESO Contract B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of January 14, 2020 15.B.2. Work Order CCNA2018 No. 7 to Geosyntec for One . Year of Groundwater Monitoring/Reporting and Related Consulting Serves at the former South Gifford Road Landfill Attachments: Staff Report Geosyntec CCNA2018 WO No 7 C Environmental Control Board 16. ADJOURNMENT April 21, 2020 Page 4 of 5 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,. including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the publicprior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable`Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. April 21, 2020 Page 5 of 5 74 INFORMATIONAL ITEM INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phil Matson, AICP Community Development Director FROM: Roland M. DeBlois, AICP Planning Director DATE: April 8, 2020 RE: Floodplain Management Annual Progress Report (NFIP CRS Activity 510) It is requested that this item be placed on the agenda of the Board of County Commissioner's regular meeting of April 21, 2020 for informational purposes. DESCRIPTION AND CONDITIONS As part of Indian River County's participation in the Community Rating System (CRS) of the National Flood Insurance Program (NFIP), the County is required to complete a floodplain management annual progress report (CRS Activity 510). Based on the results of the last NFIP audit, the County has maintained its Class 6 certification rating, resulting in a 20% discount to flood insurance premiums in the unincorporated county under the program. Attached is a copy of the annual progress report being submitted by staff to meet program requirements. The County Unified Local Mitigation Strategy (LMS) currently serves as the County's Floodplain Management Plan under the CRS program. The attached report references the LMS and County floodplain management activities as they pertain to the County's participation in the CRS program, and verifies County compliance with program requirements. RECOMMENDATION This item is presented for informational purposes only; no action of the Board is requested or required. ATTACHMENT 1. Floodplain Management Annual Progress Report. 1 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero. Beach FL 32960 772-226-1237 / 772-978-1806 fax www.ircgov.com Indian River County Floodplain Management Annual Progress Report April 2020 The Indian River County Unified Local Mitigation Strategy (LMS) serves as the County's Floodplain Management Plan under the Community Rating System (CRS) of the National Flood Insurance Program (NFIP). Under CRS Activity 510, the County is required to complete a Floodplain Management Plan annual progress report. This document is that report. Adoption of the LMS / Updates The Indian River County LMS was originally adopted in November 1999 (County Resolution 99- 125). In February 2005, the Board of County Commissioners adopted Resolution 2005-023, approving a 2005 Revised Unified LMS. On July 13, 2010, the Board approved a 2010 Revised Unified LMS (County Resolution 2010-059). In July 2015, the Board adopted a 2015 Revised LMS (County Resolution 2015-078). This year, on March 3, 2020, the Board adopted a 2020 Revised LMS (County Resolution 2020-020). The 2020 LMS complies with the federal hazard mitigation planning standards contained in 44 CFR 201/6(b) -(d). The 2020. Unified LMS is on file at the Indian River County Department of Emergency Services. Purpose and Objectives of the LMS The purpose of the LMS is to develop a unified approach among County and municipal governments for dealing with identified hazards and hazard management problems, including flooding, in the Indian River County area. The LMS serves as a tool to direct the County and municipal governments in their ongoing efforts to reduce the vulnerability to the impacts produced by both natural and man-made hazards. The LMS also helps establish funding priorities for currently proposed mitigation projects and develop priority mitigation projects to be completed with such disaster assistance funds as may be available after a disaster. The primary objectives of the LMS are to: • Improve the community's resistance to damage from known natural, technological and societal hazards; Place Indian River County in a position to compete more effectively for pre- and post - disaster mitigation funding; • Reduce the cost of disasters at all levels; and • Speed community recovery when disasters occur. 2 Local Mitigation Strategy Working Group A Local Mitigation Strategy Working Group has been established to review and make recommendations concerning the LMS. The Working Group consists of representatives of local municipalities, local organizations and County departments, and is coordinated by staff of the County Emergency Management Division. In 2019, the LMS Working Group met and made recommendations on the updated 2020 LMS, which has since been submitted to and approved by the Florida Division of Emergency Management (FDEM). The LMS Working Group webpage can be found at the following link: https://www.ircgov.comBoards/LMS/Index.htm. LMS Project Prioritization List The LMS Working Group has established a general Project Prioritization List (PPL) of 36 projects eligible for Hazard Mitigation Grant Program (HMGP) grants and/or other potential funding sources (see Attachment, list as of July 31, 2019). CRS Program Participation The LMS references the importance and benefit of Indian River County's participation in the Community Rating System (CRS) of the National Flood Insurance Program (NFIP). Under the CRS, the County undertakes flood protection measures beyond the minimum requirements of the NFIP. By doing so, Indian River County has achieved a "Class 6" certification, resulting in a 20% discount of flood insurance premiums in the unincorporated county. The County achieves CRS points by undertaking various activities that promote flood protection. These activities are conducted by various county departments. Following is a summary of certain ongoing activities by various departments resulting in points under the CRS program: Activity Department(s) CRS Activity # Maintain elevation certificates, make copies of certificates available to the public Building Div. / Planning Div. 310 Provide Flood Insurance Rate Map (FIRM) information, maintain updated FIRMs Planning Div. / Engineering Div. 320 Provide outreach to community / flood protection information Emergency Management 330 Provide credited hazard disclosure measures; information on recorded plats Planning Div. 340 Provide flood protection materials at public library County Library 350 Preserve floodplain in open space through zoning / CPLU / public acquisition Planning Div. 420 Review new development for compliance with flood protection regulations County Engineering Div. / Building Div. / Planning Div. 430 Track substantial improvements / . permitting to meet current requirements Building Div. / Planning Div. / Engineering Div. 430 Maintain elevation reference marks County surveyor 440 Maintain FIRMs since County Planning Div. 440 3 Activity Department(s) CRS Activity # participation in NFIP Maintain drainage systems through a regular program Road and Bridge Div. (also IRF Water Control District) 540 Enforce stream dumping regulations Code Enforcement / Public Works / Stormwater Div. 540 Conduct test of flood warning / emergency response program Emergency Management 610 Certified Floodplain Manager Program The Association of State Floodplain Managers (ASFPM) has established a national program for professional certification of floodplain managers. The program recognizes continuing education and professional development that enhance the knowledge and performance of local, state, federal, and private -sector floodplain managers. Staff in the Land Development Section of the County Engineering Division, as well as the County Building Official, have achieved and maintain the status of Certified Floodplain Manager (CFM), which reflects Indian River County's commitment to professional service in implementing the County's floodplain management plan. County Website Access to FEMA Digitized Flood Insurance Rate Maps (FIRMs) In Indian River County and elsewhere, Flood Insurance Rate Maps (FIRMs) identify the location of Special Flood Hazard Areas (SFHAs) which are based on 100 -year floodplains. These flood maps are used regularly by the public for flood insurance reasons and by county staff in regulating development in SFHAs. In 2012, FEMA completed a FIRM modernization project in Indian River County, resulting in the County formally adopting revised digital FIRMs effective December 4, 2012. Those revised, current FIRMS are now available for public access and viewing on Indian River County's website (www.ircgov.com), on the following web pages: http://www.ircgov.com/flood/ https://ircgis.maps.arcgis.com/home/index.html IRC Levee Analysis and Mapping Procedure (LAMP) and Coastal Study Project FIRM Updates In September 2015, representatives from FEMA Region IV and its consultant, AECOM, met with local government officials in an initial "Stakeholder Engagement and Data Collection Meeting." The purpose of the meeting was for FEMA and AECOM to provide an overview to local stakeholders of the levee analysis and mapping process for non -accredited levees, particularly relating to the "Vero Lake Channel A" levee that was under review in conjunction with an appeal by the Sebastian River Improvement District (SRID). The SRID appeal occurred when Indian River County was undergoing its flood insurance rate map (FIRM) modernization in 2012. Since that time, FEMA and AECOM representatives have met with local officials on a number of occasions for discussion and review of draft working maps of revisions relating to Vero Lake Channel A and also relating to a Coastal Study Area update. On September 29, 2017, FEMA issued preliminary revised maps of the Levee Analysis and Coastal Study updates, which are available for public access and viewing through a link on the County's Flood Information web page:http://www.ircgov.com/flood/ . 4 On March 21, 2018, FEMA, in coordination with the County and local municipalities, held an advertised open house at Sebastian River High School inviting the public to view and provide comments on the preliminary revised maps. On October 9, 2019, FEMA advised the County that issues relating to the SRID appeal had been resolved and that FEMA was ready to issue a Letter of Final Determination (LFD), 6 months after which time the revised FIRMs would go into effect. The City of Fellsmere, however, on November 6, 2019, intervened and objected to the SRID appeal resolution reached by FEMA, SRID, and the County. In objecting to the appeal resolution, the City submitted a request to FEMA for a Scientific Resolution Panel (SRP) to review the SRID appeal data. FEMA is now in the process of reviewing the City's request. Due to the City's intervention and SRP request, it is currently unknown when the revised maps will go into effect. Summary The LMS, which serves as the County's Floodplain Management Plan under the CRS of the NFIP, underwent a five-year update that was approved by the Board of County Commissioners on March 3, 2020. As a part of that update, an LMS Project Prioritization List (PPL) was revised and has been updated. FDEM has reviewed and approved the 2020 revised LMS. Indian River County has achievedand maintains a Class 6 certification under the CRS. Activities are undertaken by various county departments on an ongoing basis to retain the CRS certification, which results in substantial discounts to flood insurance premiums in the unincorporated county. In 2012, FEMA completed a FIRM modernization project in Indian River County, resulting in the County formally adopting revised digital FIRMs effective December 4, 2012. Those FIRMS are available for public access and viewing on Indian River County's website. More recently, representatives of FEMA and its consultant, AECOM, have met with local officials as part of a process to resolve a disputed flood mapping area affected by the Vero Lake Channel A levee, which has been deemed by FEMA to be non -accredited. Preliminary issuance of revised maps affected by the non -accredited Vero Lake Channel A levee, as well as Coastal Study Area revised maps, are being finalized. Due to an intervention by the City of Fellsmere, however, disputing data as it affects the City, it is currently unknown when the revised maps will go into effect. Attachment: LMS Project Prioritization List (as of July 31, 2019). 5 a) r J "' 3 O J O V) (.) c N .N L O — ^^O 1 L 7,2 c = !4 2 U c N 4) c O O 0 o a` J Date Confirmed/ Added Confirmed HMGP 1/16/19 (Don Dexter) Confirmed 1/5/19 (Tad Stone) Confirmed 2/27/19 (Jason Nunemaker) • Confirmed 2/27/19 (Kevin Kirwin) mCO c 0 o -LI' o Possible Funding Sources HMGP, CDBG, Pre -disaster Mitigation Program Coastal Construction Building Zone Program; CDBG; DRI; HMGP; Hurricane Program; NFMF CDBG, HMGP, DRI, USDA, EDA HMGP, FWC/DEP, SJRWMD a 0 1 x Jurisdiction(s) Involved' City of Vero Beach All Jurisdictions d n 2 All Jurisdictions co c O U N Q Hazards Mitigated Hurricane/Tropical Storm Hurricane and Tropical Storm Hurricane and Tropical Storm Tropical Storm/Hurricane, Flood m U a O O H0 m a Oc C co U EO 7 .) = U7 Mitigation to be Accomplished The police department serves as the city's EOC and the existing roof is approximately 30 years old and does not meet current wind load standards. Reduces vulnerability to wind and flood damage and provides for critically needed shelter (primary critical facilities) and reducing the county's safe shelter space deficit. Replacement of all existing culverts along New York/97th Street with RCP at proper intervals to reduce head loss to Park Lateral. Provide access to the park, raise roadbed, replace failing culvert, flood mitigation. C a =yc cod a m VQCCO eaO - -Om m 9.:',4g E ''' X dy m ` a p'O,Ua Um a a 1„ m 2y> 6vy N2_ C 3LN? N _ m C> r L 0 3 N •V A N N aii J m a d o d— v m A >, -a , 2 o: E c a_ m c= d a m u a O 0 m 0 'c N O N! c0 O 2 N 3 d§ n,y N a o° a, m y a m= '2 m 3= •y 3 S g c o U m 7 (0 F�°t.ca o°, 3> m 8 E 5w E Applicant/ Responsible Party City of Vero Beach Don Dexter • Indian River County Emergency Management Tad Stone City of Fellsmere Jason Nunemaker Indian River County Parks Division Kevin Kirwin 2•a, c U o can) o > U N a' c a c mF af0 � E cw Estimated Project Cost & Estimated Time of Completion Est. Federal Share $450,000 12 months $337,500 $75,000 <12 months $56,250 $630,000 6 months $47,250 $100,000 48 months $75,000 o t o ° c o E E o vr a Project Description Replace and upgrade roof of the Vero Beach Police Department building. Retrofits to the county's public schools that serve as public shelters. Fellsmere Culvert Replacement Blue Cypress Park access repair Rebuild non -wind code compliant Fire Rescue Stations. aJoag Po 10.1 a rn CO afoo am Auoud Pa(ad , w a, v u, Date Confirmed/ Added Confirmed HMGP 1/17/19 (Roland DeBlois) Confirmed 7/23/18 (Jason Nunemaker) Confirmed 1/26/18 (Karen Deigl/Cory Richter) Confirmed 2/12/19 (Tim Walker) Confirmed 3/1/19 (Rich Szpyrka) Confirmed 3/1/19 Rich Szpyrka Confirmed 2/27/19 (Joe Griffin) Confirmed HMGP 2/27/19 (Scott Baker) Possible Funding Sources a o 2 1 a 0 2 x a 0 2 x HMGP, FMA, SJRWMD, FPMS, USACE, CDBG Public Library Construction Grant; Coastal Construction Building Zone Program; CDBG; DRI; FMAP; HMGP; Hurricane • L . r_ 11' \ 11 Public Library Construction Grant; Coastal Construction Building Zone Program; CDBG; DRI; FMAP; HMGP; Hurricane • v. .r:11. u Flood Plain Management Services, HMGP, FMA, State Preparedness Grant CDBG, HMGP, EDA Jurisdlction(s) Involved' N C O :D N C 7 Q City of Fellsmere All Jurisdictions • City of Sebastian All Jurisdictions All Jurisdictions (Town of Indian River 'Shores City of Sebastian Hazards Mitigated E C L 'O O LL Hurricane/Tropical Storm Flooding and erosion Severe Weather: including Hurricane, Tropical Storm, Tornado, lightning and Flood Severe Weather: including Hurricane, Tropical Storm, Tornado, lightning and Flood Severe Weather: including Hurricane, Tropical Storm, Tornado, lightning and Flood 'Hurricane/tropical storm, erosion, and flooding Mitigation to be Accomplished Purchase of equipment contract work to treat areas vulnerable to wildfire, especially conservation areas with added material from Hurricane Matthew through mechanical means and prescribed bums. An accurate flood map will mitigate against future floods by ensuring homes will be properly elevatrt. Generator upgrade for the Sebastian Adult Day Care Center to increase the shelter capacity for a step-down shelter for Special Needs Shelter clients. Reduces the exposure of possible flooding and property damage to residential homes, businesses, and city owned facilities. Reduces vulnerability of a public building and contents (library) to flooding damage. Reduces vulnerability of a public building and contents (library) to flooding damage. Dredging the Indian Lane storm water drainage canal to improve holding capacity and provide better flow from the storm water drainage system Ensures traffic circulation, emergency response, and public transportation from the city to U.S. #1, C.R. 512, and 1-95. Applicant/ Responsible Party Indian River County Community Development Roland DeBlois City of Fellsmere Jason Nunemaker Senior Resource Association, Karen Deigl IRCES, Cory Richter City of Sebastian Paul Carlisle Indian River County Public Works Rich Szpyrka Indian River County Public Works Rich Szpyrka Indian River Shores Joe Griffin City of Sebastian Paul Carlisle Estimated Project Cost & Est/mated Time of Completion 8 Est. Federal Share $255,000 12-36 months $191,250 $50,000 12 months $37,500 $100,000 <12 months $75,000 $4 million >12 months $3,000,000 $10,000 <12 months $10,000 <12 months $933,400 >1 2 months $2.5 million >12 months $1,875,000 Project Description Conservation Area Prescribed Burn Historic Fellsmere Flood Study Generator project for Sebastian Adult Day Care Center. Elkcam Canal dredging and seawalls Retrofits to the North County Library to reduce vulnerability to wind and flood damage. (Retrofits to the county's main library to reduce vulnerability to wind and flood damage. Indian Lane drainage canal Barber Street bridge replacement 0J009 laafoid m co ao m co i UOUd )aafad m r co rn o a en Date Conflrmed/ Added Confirmed 2/12/19 (Tim Walker) Conflrrried 1/16/19 (Don Dexter) Confirmed 2/27/19 (Scott Baker) Confirmed 3/1/19 (Rich Szpyrka) Confirmed HMGP 1/16/19 (Don Dexter) Added 2/1/18 (Lisa Wynne) Confirmed 1/17/19 (Roland DeBlois) Confirmed 2/27/19 (Scott Baker) Possible Funding Sources HMGP, FMA, SJRWMD, FPMS, USACE, CDBG HMGP, CDBG, EMP&A Trust Fund (DCA), Pre -disaster Mitigation Program (FEMA), Hurricane Program (FEMA) CDBG, HMGP, EDA CDBG; DRI; Emergency Relief Program; FMAP; HMGP; Hurricane Program; NFMF; STP HMGP, FDEP O. 0 2 S' Capitalization Grants for Drinking Water State Revolving Fund; Conservation Technical Assistance; DRI; HMGP; Planning Assistance to States Program; Water Pollution Control: State and Interstate Program Support; Water Quality Prnnram Mananpment CD G, Emergency Relief, FMAP, HMGP Jurisdictions) Involved* City of Sebastian City of Vero Beach City of Sebastian All Jurisdictions City of Vero Beach Vero Beach m c 0 .,-.) IA Q Sebastian Hazards Mitigated Hurricane/tropical storm, flooding, and erosion Severe Weather: including Hurricane, Tropical Storm, Tornado, lightning and Flood Hurricane/tropical storm, flooding, and erosion 0) C O Flooding, hurricane/tropical storm, tsunami Tropical Storm/Hurricane, Flood t O J 2 p1 p LL Mitigation to be Accomplished Reduces the exposure of flooding and property damage to residential homes, businesses, and city owned facilities. Reduces the vulnerability to category 4 or 5 hurricanes for two critical facilities. Ensures traffic circulation, emergency response, and public transportation from the city to U.S. #1. C.R. 512. and I-95._ Reduces the risk of fatalities (loss of life) during evacuation. • Installation will help to minimize tidal flooding of the homes and businesses from the Indian River Lagoon to 8th Avenue in the Miracle Mile and Royal Palm Point shopping areas. Fortification of group home for 40 at -risk teenagers to allow shelter -in-place. Harden roofs and install generators. Reduces the exposure to potential wellfield contamination. This project will provide a major emergency evacuation route. that will include a new bridge over the St. Sebastian River. It will provide a much-needed major escape route not directly impacted by the Florida East Coast Railway. Applicant/ Responsible Party City of Sebastian Paul Carlisle • City of Vero Beach Don Dexter City of Sebastian Paul Carlisle Indian River County Public Works Department Rich Szpyrka City of Vero Beach Don Dexter Hibiscus Children's Center/IRCEM Indian River County Community Development Roland DeBlois City of Sebastian Paul Carlisle Estimated Protect Cost & Estimated Time of Completion & Est. Federal Share $4 million >12 months $3,000,000 $2 million >12 months $1,500,000 $2 million >12 months $1,500,000 $10 million >12 months $7,500,000 $60,000 12 months $45,000 $575,000 <12 months $431,250 $2 million >12 months $1,500,000 $5 million >12 months $3,750,000 Project Description George Street canal dredging and seawalls Retrofits to the City of Vero Beach Public Works facility including roof replacement and hardening of building. Fleming Street bridge replacement Replacement of county bridges constructed below the 100 -year flood plain for improved access, evacuation and exposure to flooding. Install flood control structures Vero Isles. Hibiscus Children's Center Protection of the Surficial Aquifer groundwater quality and quantity as a secondary potablewater source through acquisition of primary recharge areas and through the plugging of abandoned artesian wells. Laconia Avenue extension aJa3S »afad m 01 m. n m COr CO N. puoud )340.1d r° • °' o N N Date Conflrmed/ Added Confirmed HMGP 2/12/19 (Tim Walker) Confirmed 1/16/19 (Don Dexter) Confirmed HMGP 1/16/19 (Don Dexter) Confirmed 3/1/19 (Rich Szpyrka) Confirmed • 1/17/19 (Roland DeBlois) C0 . m O Eo,m N c 13c o V o x Confirmed HMGP 2/12/19 (Tim Walker) Conflrmed 3/1/19 (Rich Szpyrka) Possible Funding Sources HMGP, FMA, SJRWMD, FPMS HMGP, FMA, EPA a 0 x• a 0 x HMGP, PDM, EMPA Coastal Wetlands Planning, Protection, and Restoration Act; CDBG; DRI; HMGP; NFMF; North American Wetlands Conservation Act Grant Program; Outdoor Recreation: Acquisition, Development, and Planning CDBG, Emergency Relief, FMAP, HMGP ' Challenge 21: Floodplain; Conservation Technical Assistance; FMAP; HMGP; r. - . e for k u Jurisdiction(s) Involved* Sebastian City of Vero Beach Vero Beach Unincorporated Indian River County Unincorporated Indian River County c c O U > > ow > ix D V 5 c m m Sebastian All Jurisdictions Hazards Mitigated Hurricane/tropical storms, flooding, erosion Hurricane/tropical storms, tsunami c o y 0 C N o O IL 0 O LL o) Cp O O LL .D a c 2 o H N m o 2 C LL o 2€ H j O R SN U 0 p LL mi 0 LL . Mitigation to be Accomplished Ensures circulation of storm water system and reduces possible flooding and property damage. Relocate WWTP located next to the I.R. Lagoon to City owned property located near the WTP at the Vero Beach Airport. Residents and business owners will benefit from continued and uninterrupted access to the beach facilities and associated parking. Will prevent flooding in the subdivision during hurricane events. This project will provide information for long range planning of new public facilities and retrofit of existing facilities. Will reduce county exposure by preventing development in a high hazard area. Replace all ditch culverts that intersect streets to promote better drainage. Reduces countywide flood exposure by allowing better management of flood zones. Applicant/ Responsible Party I City of Sebastian Paul Carlisle City of Vero Beach Rob Bolton City of Vero Beach Don Dexter. Indian River County Public Works Rich Szpyrka Indian River County Community Development Roland DeBlois Indian River County Community Development Roland DeBlois City of Sebastian Paul Carlisle Indian River County Public Works Rich Szpyrka Estimated Project Cost & Estimated Time of Completion 8 Est. Federal Share $500,000 <12 months $375,000 $25,000,000 36 months $18,750,000 $600,000 >12 months $450,000 $6.5 million >12 months $4,875,000 $100,000 >12 months $75,000 C C p O O O O O N O O E E t' O h N n C N.N err)&I O N _ E"' - OA —=Z.7)N L L A o A co a ° ant. N L co O C O = O e- E E� N A $1 million to $2 million >12 months $750,000 to $1,500,000 Project Description Culvert/Pipe for Stonecrop Main ditch alignment Relocation of City of Vero Beach wastewater treatment plant. Construction of seawall/revetment along Humiston Beach in the.City of Vero Beach. Construction of tilting Weir gates across two canals that connect Rockridge subdivision with the lagoon. Study of sea level rise potential impacts to public facilities. Acquisition of land along the Indian River Lagoon within the Coastal High Hazard Area to reduce potential future losses. - Culvert replacement for ditch/street crossings Establishment of a county GIS department to improve flood mapping for flood damage reduction. 01O3g saafad n up m. Rluoud 300110id N N N N N N CO N Date Confirmed/ Added Confirmed 1/16/19 (Don Dexter) Confirmed 3/1/19 (Rich Szpyrka) Confirmed 1/17/19 (Roland DeBlois) Confirmed 3/1/19 (Rich Szpyrka) Confirmed 7/23/18 (Jason Nunemaker) Confirmed Added 7/23/18 (Jason Nunemaker) Confirmed Added 7/23/18 (Jason Nunemaker) Possible Funding Sources a x CDBG; DRI; Emergency Rehabilitation of Flood Control Works; FMAP; HMGP; Hurricane Program; NFMF; Public Assistance HMGP, DHR CDBG; Conservation Plant Material Centers, Conservation Technical Assistance; DRI; FMAP; HMGP; Hurricane Program; Land Protection, Planning Assistance to States Proaram a x a x a x Jurisdiction(s) Involved' Vero Beach Unincorporated Indian River County All Jurisdictions City of Vero Beach City of Fellsmere City of Fellsmere City of Fellsmere Hazards Mitigated Hurricane/Tropical Storm, flood and coastal erosion LL Flooding, Hurricane/tropical storm v LL v _°o LL o LL 0 0 IL Mitigation to be Accomplished This project will provide erosion control, prevent damage to Ocean Drive and the Boardwalk which sustained approximately $1 million in damages from Hurricanes Frances and Reduces vulnerability to flooding at this site. Elevating historic structures to above base flood elevation (BFE); storm shutters; drainage improvements Reduces storm surge and flooding vulnerability. Will mitigate against future floods by storing flood waters within large regional lakes thereby reducing the flood level in the basins served by the deteri.. . , Will mitigate against future floods by storing flood waters in the alleyways thereby reducing the flood level in the basins served by the alleyway flood . r•. u Will mitigate against future floods by storing flood waters in the stormwater greeway thereby reducing the flood level in the basins served by the stormwater areP.nw w Applicant/ Responsible Party City of Vero Beach Don Dexter Indian River County Public Works Rich Szpyrka Indian River County Community Development Indian River County Public Works Department Rich Szpyrka City of Fellsmere Jason Nunemaker City of Fellsmere Jason Nunemaker City of Fellsmere Jason Nunemaker Estimated Project Cost & Estimated Time of Completion 6 Est. Federal Share $1.7 million >12 months $1,275,000 $5000 >12 months $3,750 $800,000 <12 months $600,000 $18 million initial/ $48 million long-term >12 months $13,500,000/ $36,000,000 $2,000,000 12 months $1,500,000 $1,400,000 12 months $1,050,000 o y O O L O O C O o O N c E M N469 ,- W Project Description Construction of seawall along Conn Beach in the City of Vero Beach. Modifications to the outfall structure at Stonebridge Subdivision for flood damage reduction. Jones' Pier floodproofing/elevation Restoration of critically eroded areas along an 8.3 -mile stretch of the Atlantic shoreline in an effort to provide needed storm protection. Historic Fellsmere Regional Lakes Historic Fellsmere Alleyway Grading Historic Fellsmere Stormwater Greenway e.103$ »afwd I co ro cOi . v 4u0ud 330101d 0 el ,, el cl cn 01 i 78 INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: April 14, 2020 SUBJECT: 2nd Quarter FY 2019/2020 Budget Report FROM: Kristin Daniels Budget Director, Office of Management & Budget Following is the staff report for the second quarter of fiscal year 2019/2020. Financial Indicators Snapshot - March 2020 I to Budget % Variance Year -to -Date Gas Tax (Fund 109) 0 lD N 44414 0 .--I M 0 U1 1-1 0 N N co 0 lD U1 00 0 N O N 41 0 O to * 0 01 In * 0 M LA r -I N 0 Tr O * 0 lD M 1-1 411 Building Dept. c # 0 N •W # -4.4%1 0 .--1 Ln li 0 cr U1 Ol 0 Comparec Variance Current Month 00 0 .-i N .--1 0 0 0 0 47 -48.2% 0 0 -23.8% 0 0 N r;" . 0 O 1: •U1 # 0 O a UJ 04:40 0 01 01 2 0 M e -i 72 . i U1 1. U1 M r -I Tr .-1 01 4 V M .--I 1: O lD1/1 lD i. M r-1 a *** 4 * 4 1 Compared to Prior Year % Change Year - to -Date Gas Tax (Fund 109) 0 lD .-i 41 0 01 N *II 0 M 0 .--1 M N .. 0 lD 0 U1 N: 4411 0 O to * 0 01 M .-1 # • 54.9% 0 m O # 0c. V' a .-1 * Building Dept. c # 0 N •W # -4.4%1 0 .--1 Ln li 0 cr U1 Ol 0 % Change Current Month _. 0 M 01 II* 0 .-i N .--1 0 1. O •-1 0 O [f .--I 0 N 1.4 4411 0 01 1-1 # 47 -48.2% 0 ll) N U1 * 0 O [Y M • 0 .--I ,M 1;1 # 0 N r;" . 0 O 1: •U1 # 0 O a UJ 04:40 0 01 01 2 0 M e -i 72 t O O. w K 'Revenues ' Gas Tax (Fund 109) Optional Sales Tax (Fund 315) Half Cent Sales Tax Traffic Impact Fees (Fund 102) Impact Fees (Fund 103) Tourist Tax Franchise Fees -TOTAL 1 'Recreation Revenues G O O u IG Building 'Profit & Loss Building Dept. Golf Course v SWDD 1 Shooting Range a c u. FY 2019-2020 2 001- General Comments/ Notes External auditors' costs billed to BCC account upfront, then distributed to other departments. Citizens donated $200,000 towards Virgin Trains litigation. Computer Software budgeted but not yet expensed. Unfilled positions. Capital budgeted but not yet expensed. Community Transportation Coordinator expenses include grant funds that were received, but have not yet been expensed. Lag time in reimbursement submittals. Salaries & benefits expense lower than budgeted due to turnover. (Salaries & benefits expense lower than budgeted due to position vacancy. Expenses to be incurred later in the year. Lag time in reimbursement submittals. CRA payments are due in full in December. Contingencies budgeted, but not expended. Difference from 50% O1 O N V) CO V N 00 N 44 0 V1 l0 O .-1 M 44 01 CO al 10 10 44 01 O V O 1 N 01 N� u1 N IN 01 00 ul IN .. 4 Cr V1 CO 10 I -I V? ..� N 0 N. V 01 N ... 4.0 01 01 o0 .- M 01 N CO .ti 111 IN 01 .ti `- CO 01 01 00 O0 14 40 01 N of .. 1 1.41 t0 N 01 t0 .-1 1.4 Percentage of Annual Budget 0 O O 01 00 .-1 N m 0 O O u1 e N m ul 48.9% 44.3% a 01 00 m o0 Cr 0 V 00 10 00 V 45.7% * 01 u1 m o N, 10 V o co 00 V N N .-1 01 01 01 01 01 o u1 N 01 YTD Expenses N 0/10 O 0i. ul Lt.) V/ 01 01 Cr' m 1,1 V? N ID N V 111 V? ul N 10 44 1/1 1.11 V? 111 4-1 00 111 01 N 1.1 111 10 V N N. N rl V? $2,616,143 Cr CO O 01 N 111 V1 m N N. 01 10 v1 4" m 0 .-1 oci. 111 e4 V? Cr 00 0 .4 N V1 01 10 I1 ul N V? t0 0 t0 t0 V V? 111 0 40 m V 10 4/1 10 m N 00 m N V? u1 N. 01 40 N N n9 44 Quarterly Budget (50% of Total) V N 00 N u1 u1 V1 $832,818 $34,7621 O N ul 00 .-1 111 V1 m c-1 ul N O 01 V1 411 N 00 N N m 'y` V? 111 N1 CO .-1 .-1 V m V? 1 $654,9021 00 N 1.11 10 00 111 V? 1/1 0 CO N N, .-4 4.11 1000'0£$ N 01 111 0.. N V1 01 00 n n V N $1,032,5241 0 0 ul of .4 01 V1 01 ul u1 N 0 m V V! REVISED BUDGET N, Cr 10 LA. 0 01 01 V? 1.11 CO 10 u1 10 10 01'N V1 Cr N u1 01 10 V? 01 m O N� m 0 in 01 N O u1 0 10 41 $2,645,749 0 1l1 N. M N 00 I.O. N m 0 00 01 O m .4 N u1 ul .4 m t\ 01 .4 1" O 01 4.0 1l1 V m V? O 0 0 O 10 V? $55,1841 N 1.0 111 u1 01 V? I, Q O 141 10 0 N N 0 0 O 01 01 N An N 0 .4 u1 0 10 110 V? Department Description 101 BCC Operations 102 County Attorney 1103 Geographic Info Systems Dept. 106 General Health 107 Communications/Emergency Svcs 109 Main Library 110 Agencies 1111 Medicaid 1 112 North County Library 113 Brackett Family Library 114 Value Adjustment Board 1118 Ind Riv Soil/Water Conservation 1119 Law Library 128 Children's Services 137 Redevelopment Districts 199 Reserves 4.1 dC 3 C LL N N O N C d epi l7 O N U. 0 Comments/Notes Salaries & benefits expense lower than I budgeted. Salaries & benefits expense lower than budgeted. Computer Software budgeted but not yet expensed. Expenditures for Veteran's Council based on I reimbursement. Grant funds budgeted but not yet expensed. Expenses to be incurred later in the year during Summer months. Billed quarterly for staff from Health Dept. Not processed until April. Vacant budgeted temp position. (Maintenance expenses for Captain Forester not yet incurred. Vacant position filled end of November. I Travel occurs later in the year. Vacant position. Budgeted maintenance expenses to be incurred later in the year during heavier usage in summer. Vacant position filled beginning of November. Health insurance expense lower than budgeted . Grant expenditures to be incurred later this year. Expenses to be incurred later in the year. Computer Service costs charged on a monthly basis. Difference from 50% 01 N m I- l/1 O Ol O1 00 4"0--I ;:is 01 01 V 01 4" VI N to 00 Q 1� M O1 d Cr a 01 O 00 u1 N. N M Nt0 ,"'-1 m t0 01 m O 01 Ni. N N m 00 M 01 4-I .-i 00 01 01 01 VT ul t0 N Ni ei m 00 u1 N N O 0 t0 01 N so Percentage of Annual Budget 00e V O V 44.2% 47.7% z 00 N 01 01 01 N V 48.0% o u1 N M e Ul ei V o N fn N o 0 of V Q O 00 01 o N tD V e t/1 M M o N ei V 0 O ul YTD Expenses H ei L11 .4 V N 1/ N NN 0 00 t0 N n t0 O .-I 01 VT 01 V. 01 01 N N 01 VT O u1 u u.) N .-1 N VT fn 0 O V 01 01 .4 VT .4 -en t003 N Ol 00 VT $8Z7751 . -i t0 0 e -I VT N /M M n al VT a a O u) tD N .--1 VT t0 0 u1 N- 00 .-i tn. a 01 01 M V VT M 1-1.-I Ol V C in t0 N 00 00 fn in Quarterly Budget (50% of Total) I.13 fn CO 00 Ol N VT I. .-I 0 I� I. VT CO 0 4.0 u1 N 01 VT 0 in 00 .-1 40 d C .-I VT $253,487 N O1 0 N u1 !t ei` VT .ti 01 V .-I V .-i VT 00 M N Oi 01 in 10 00 0 O1 N N V! Vl .ti 1- O .-I H VT Ill N 0 ul N 01 N VT ei I. N u1 01 N VT N n u1 ul t0 V} VtO .-I N er al VT ei N 00 00 M VT REVISED BUDGET ti I- L.0 I-: r-: 01 1l VT Tr M 0 .4 u1 .-i VT 40 01 01 .ti 411 I. N so ul 01 N ei CO N L1 V I- al t0 0 0l VT C al 4-1 a 0 01 r.: Vr N 00 Ol N 0O01 N in 40 1- V Ol .- I in N n .-i 00 u1 Cr U! O1 N V .ti N N in. $4,650,050 N V u1 O 01 M in. 00 IA N N 01 .-i V} I- N O 01 0 1-1 Vt e-1 M .4- t0 N N VT Department Description 201 County Administrator 202 General Services 203 Human Resources 1204 Planning And Development 206 Veterans Services 208 Emergency Management 210 Parks 211 Human Services 1212 Agriculture Extension 215 Parks/Conservation Lands 216 Purchasing 220 Facilities Management 229 Management & Budget 237 FPL Grant 238 Emergency Mgmt. Base Grant 241 Computer Services FY 2019-2020 2nd Qtr. Comments/Notes Insurance charge done once a year in January. New department added, but not yet implemented. [Part time position filled in February. VoIP implementation. Budget amendment forthcoming due to project delays. (Expenditures based on reimbursement. I Other professional services occur later in the year for Lagoon Master Plan. Commission charged on Ad Valorem collections, most collected by December. Tax Collector returns excess fees at year end. First draw is 25% of budget per Florida Statutes. Expenditures based on reimbursement. Expenditures based on reimbursement. Expenditures based on reimbursement. Expenditures based on reimbursement. Difference from 50% 00 LA 00 LA. V el VT O 00 e1 N N N N 0 n N N M V1 N 10 K 00 el V1 t0 N. n 1.4 l0 L0 CO t0 .-L 1--1 N N 01 01 .ti V1 1-1 , h e1 M t0 ID ^j IA ($28,529) N n t0 .-i 0 eti IA N t0 0 L0 C{ H N Ol l0 0 N t0 L -I CO ea L!1 00 V1 01 00 0 .-i V1 01 LA 10 t` M N LD m O u1 N CO 1 aA Percentage of Annual Budget 0 O O o O O 43.8% 1 C} 1l1 0 O M 0 V .-1 o N 01 n rri el o 1-100 V' 0 V' 0 0 01 0 O O 0 CO L11 0 .-1 N 58.3% 48.7% el 01 O O'V., X W 0 LA e1 N r N 0 V N \ t0 0 N op N V1 00 t 00 M 1-1 tn V1 e -I V N ri VT 0 0 N O CO .../1.V1 N N 01 m LA V1 N m 00 of Ll1 m I.A. 00 t0 0 e1 01 e- 111 $27,145,2731 00 t0 01 Tico 01 Ill O V1 N t0 M Tr- LA VL 01 m N to N .-i t0 v N .111 eQ '.N 0 N11 el N N t11 V! Quarterly Budget (50% of Total) CO LA CO IA' C .-I V/ 0 00 ey N N .$ 1/1 N Tr M Oi 01 N V1 e-1 0 V Ln R .-I 1/1 N el LA m V1 n t0 LA N LA ei 1/1 LA .-I 0 N LA LA 4" LO t0 LO tD r.4 01 1/1 00 01 u1 0l 00 111 e-1 V1 $27,246,9451 N O L/1 00 O CO 1/1 01 t0 0 N t0 r V1 $45,8441 V N 00 . V1 M N 01 V1 N N 1/1 10s0'Obs'zs$ REVISED BUDGET to e I N. ey 01 ...n. $244,359 Tr 00 t0 00 til IA .-I 0 CO d 01 4/1 M M 0 n V1 M M e -I m O nvil O1 N 0 V O el eti IA epi M 111 m LA 03 .ti V1 LA 0l el Ol n01 N rri I.A. 0 01 CO m 01 V 01 01 +n V .-I 0 N .-I LID .1 V1 $334,137 00 00 t0 .4 V}Tr N V ID M a n LO 0 01 .4 LA in. 01 01 O G 0 ea O 0 O N in. Department Description 246 Risk Management 249 Animal Services 1250 County Animal Control 251 Mailroom/Switchboard 1252 Environmental Control 283 Lagoon 1300 Clerk Of Circuit Court 1 400 Tax Collector 1500 Property Appraiser 1600 Sheriff 1700 Supervisor Of Elections . t O 0 u 0 e -I 0 01 903 State Attorney 1904 Public Defender 907 Medical Examiner Grand Total Comments/ Notes Seasonal operations at pool. Higher expenses (temp. employees) in summer. Facility closed on March 19, 2020 due to COVID-19. Seasonal operations at pool. Higher expenses (temp. employees) in summer. Facility closed on March 19, 2020 due to COVID-19. Some seasonal operations (summer camps) (with higher expenses (temp. employees) in (summer. Facility closed on March 19, 2020 due to COVID-19. Salaries &benefits expense lower than budgeted due to part time position vacancy. Facility closed on March 19, 2020 due to COVID-19. Salaries & benefits expense lower than budgeted due to turnover. Part time position vacancy. Director position filled in January. Insurance charges for fund done once per year in January. Capital items not yet purchased. 58th Avenue ballfields & Jones Pier projects ongoing. Demolition of condemned structures not yet I completed. Commission charged on Ad Valorem collections, most collected by December. Tax Collector returns excess fees at year end. Difference from 50% 00 m .-1 N LO m V1 00 0 n N cm V1 N Cl m 00 C' th 0 t0 ei O t0 v 00 m .-1 O l0 v I- 00 m tri m V 0 CO 0, m N .-i th ($87,824) ei tD Cr a 00 V1 N ci N N 1/1 V m N Q1 m to V. N t0 01 on VT ID t0 Cr t\ V0 O N Q V UD N V1 ($1,227,555) Percentage of Annual Budget 00 . N O N 45.4% 0 01 m 43.6% 45.6% 0 LD v 0 to .-1 0 LO t(1 0 O t0 V N 2.4% d 224.1% 0 t0 Q YTD Expenses to 01 in Q LD N V1 N t0 N 011 N 1-1 V1 ID N O I1 N Q V1 m ci O R m N V) 111 m O N c-1 V 4.11 t0 tD m N N m N $13,652,3621 N N N n O V1 Cr IA 00 01 ei N V1 N N n 01 0 N 111 N 01 lfl tri N V1 N 0 m V1 0 V1 t0 V t0 N c-1 N V1 m Q 0 to N t0 N N Quarterly Budget (50% of Total) m m N tri LO V1 0 I� 01 O N V1 $525,348 O) f` c-1 N N VT ei N N N Q V! N t/1 N m V to $13,776,3421 to O1 0 u1 0 4./1 $635,3941 00 m 01 .1 N 4/1 ID N I, to th m LO N tri LC/ t0 V r LID N N n IQ/0 00 O1 to .•j 01 0 n N N REVISED BUDGET t0 tO Q m LA N . V1 0 Cr O1 .--i V Q in.. to 01 t0 O u1 0 V1 n u1 m a 01 u1 V1 $944,341 m O to t` N 00 V1 $27,552,6841 01 00 c-1 0 n N V1 N 00 n O I, N ,4 V1 LA N 00 m N u1 V1 e-1 to Cr .--i m 1 e-1 ,4 V1 to N u1 N ci V1 .-1 m O1 V ei V/ N to er cf O1 V1 t0 00 .-1 m 00 01 IA' Of 1/0 Department Description 104 North County Aquatic Center 105 Gifford Aquatic Center 108 Recreation 115 Intergenerational Facility 116 Ocean Rescue 161 Shooting Range Operations 199 Reserves 1204 Planning And Development 1 205 County Planning 1207 Environmental Plan/Code Enforce 210 Parks 214 Roads and Bridges 1234 Telecommunications 400 Tax Collector Grand Total 111 -Transportation Fund Comments/ Notes Contingencies budgeted, but not expended. Multiple position vacancies. Capital items not yet purchased. FEC payments to be incurred later in the year. Multiple position vacancies. Capital items not yet purchased. Multiple position vacancies. Capital items not yet purchased. Other Contractual Services not yet incurred. Capital items not yet purchased. Difference from 50% MN. 00 Lc, N m 0000 000 v l0 � V. `-' O 0 m N ($447,661) O, a m a/. N WI N N IA Percentage of Annual Budget 27.4% 0 M .� a 46.2% 0 1I, O, M 0 1/1 a M 0 nN M N 0 P m YTD Expenses $437,4731 r^i O DO rn M V. v00i .-I N .-4'-4 N m N. n a,00 .-1 V. co N. O N 0, H $287,342 m 00 a Ql OS N Quarterly Budget (50% of Total) V .-1 01 N I/1. o m O, l0 00 a M l0 m ih a a u1 .--1 m N 01 a 1 .-11-1 ~-� o0 V1 l00 1/1. a M N H al REVISED BUDGET CO0 N oaf 0 L.11 .4 lA 00 al N O, V. ll3N l0 n M N 1-1 M 00 N 0 M V. N a N 00 N N N .l0 el N .--1 V. $18,384,691 Department Description 199 Reserves 214 Roads And Bridges 243 Public Works 244 County Engineering 245 Traffic Engineering 281 Stormwater Grand Total FY 2019-2020 2nd Qtr. Comments/ Notes 11.8 pay periods out of 26 were paid in quarter. This is 45.4% of salaries rather than 50%. Multiple position vacancies. 11.8 pay periods out of 26 were paid in quarter. This is 45.4% of salaries rather than 50%. Multiple position vacancies. Lifescan Physicals encumbered but not yet expensed $149,630. Other operating expenses to be incurred later in year. Station 7 property not yet purchased. Payment to Division of Forestry made once per year, done in October. Commission charged on Ad Valorem collections, most collected by December. Tax Collector returns excess fees at year end. Difference from 50% m M' , 001 DS' 0 CO a lel, a .-i m AA a~, to h Li" .ti m CO a 01' tyi. N Percentage of Annual Budget 0 .-i a 44.2% 41.4% 0 m m %0'OOT 82.7% 0 '.j v YTD Expenses $9,048,465 $4,907,704 OLn N . 1 N ,....1 N N N Ln +n 00 .+1 4n l 0 0 N 01 co 1 N 00 N r N 0 06 N Quarterly Budget (50% of Total) ry 00 .4 N 00 .-1 1" 0 l0 l0 a l(, 11. 0 0 d 00 N v. - l0 m l0 00 N .`4 a, l0 N 0 N N. m V, $22,056,925 REVISED BUDGET $21,643,650 M M O 0 N .-i 4/0 1 .moi O l0 In l0 aA 00 r,/ N nN M 41. N CON 1 / a a TV ui n 0 .' i v. O 03 ao ni rl ,I a a VT. Department Description 0 .n Benefits Operating Capital Outlay Grants and Aids Other Uses IGrand Total $203,561,8361 $101,780,9181 $92,981,0521 001 -GENERAL FUND Comments/ Notes The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive the 4% discount Some grants are based on reimbursement Lag time in receiving 1/2 Cent Sales Tax - 5 months received received in first half of FY. Animal control and Radio Comm fines revenue slightly) (below budget. Code enforcement fines above budget. 'Interest earnings higher than anticipated. Received FPL Disaster Grant in full. Cash forward reserves budgeted, but not actual Difference from 50% $26,444,349 to .-1 t0 tO to 01 ./ V? Ln M N N 001 tn:CV' cn LII"r. 0 01"m m N m to n N ri N v1 N 1/} Percentage of Annual Budget .-1 al 01 C M 1l1 .--1 a- .4-c! a l0 N 00 Lci lA 47.2% 74.5% YTD Revenues Ln N n 00 O V Ol 1A to 0 00 0 e1 C 10 CO M 1.4 n n Ti C Ol N' O n tD N 10 001 O n N L} 001 e1 111 CO 111 1/T V m M. m 00 N V} O n O 0 1:1 O .-I N $78,297,324 Quarterly Budget (50% of Total) $32,964,366 $4,725,3401 00 N CO M m 0 tD 0 01 to 1/ $78,000 0 O O O N LO M 1n O co N L} $11,132,920 O 0 0 O a L N in V1 REVISED BUDGET N n O1 M. LO iflO O 03 t0 Tr O1 >n t0 U1N-I t0 00 ey v} O . 1 1 o O 0 N i/} O 0 n V } N 0 0 O t/} O CO LO N N 01 0 - 00 O In N Account Description 001031 Taxes 1001033 Intergovernmental 1001034 Charges For Services 1001035 Judgments, Fines & Forfeits 1001036 Licenses 001037 lnterest 1001038 Miscellaneous 1001039 Other Sources Grand Total 004 MUNICIPAL SERVICE FUND Comments/ Notes The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive 4% discount. MSTU includes communications tax and business tax which makes this percentage lower than other funds. Lag time in receiving franchise fee payments - 5 months received in first half of FY. Recreation activities were closed due to COVID-19 starting March 19, 2020. Lag time in receiving 1/2 Cent Sales Tax - 5 months received received in first half of FY. Pool and recreation revenues increase in summer Code enforcement fines above budget. Interest earnings higher than anticipated. Building lien revenue higher than anticipated. Cash forward reserves budgeted, but not actual Difference from 50% NI •--I e1 to Nl D 00 00 to 1.4 N d m O v CO V3 N al ` N N n N of N ey O N CO '-I 10 01 M 111 n 0 e -II rn $2,544,749 Percentage of Annual Budget LO 00 n a 45.7% N a 64.2% 1 N cd m al i 0 O N In YTD Revenues to 0 N O O e-1 t/} $4,120,579 $4,551,367 n 00 tD n . 10 lND N O � $238,622 1 al N N R � 0 V} $20,536,347 Quarterly Budget (50% of Total) 01 00 00 N V1 tD V} O V1 m O n Ti in V LI:) ,-I 00 01 .4 V} t0 m O 01 N i} O 1A N t0 an. O 111 n m N LO 00 1n N to m M Vl N O ei V} $17,991,598 REVISED BUDGET 00 N n 01 O e -I 1n 0 O rn 01 V V} 01 N m to m VT N n O � 10 $125,000 $75,000 M n .-i m t0 tD O Ln 1-1 V} $35,983,196 Account Description 004031 Taxes 004032 Permits And Fees 1004033 Intergovernmental 1004034 Charges For Services 1004035 Judgments, Fines & Forfeits 1004037 Interest 1004038 Miscellaneous 1004039 Other Sources Grand Total 111 TRANSPORTATION FUND Comments/ Notes (Paving assessments entry completed at year end. 1 Lag time in receiving constitutional and county gas tax - only 4 payments received in first half of FY. MPO salary reimbursement completed at year end. I Paving assessments interest charged here until year end entry. Interest earnings higher than anticipated. Lag time receiving reimbursements from municipalities for traffic maintenance, etc. reimbursements received at year end. Cash forward reserves budgeted, but not actual Cash forward reserves budgeted, but not actual Difference from 50% N 00 0 m 0 m I, R v e-1 00 t0 v 00 l0 N 1 IJ V t0 1 CO N 00 ON e -i VT 00 0 ltzr up 00 M N Percentage of Annual Budget 42.8% g O N m * ul .4 N 0 M N N 0 .0 oC Ln 41.5% 41.4% YTD Revenues V o IA. $1,184,733 .M-1 00 O V0 /? .O r --m 00' co" m V1 0 00 N co V1 m co u1 up P V1 Quarterly Budget (50% of Total) $237,500 )13m .1- 0 too N O in .7 V1. 00S'ZZ$ LLn N cn00 LO .-I m tD 00 V1 ll ITr m M N al 01 V1 REVISED BUDGET o o tri R an N Ol N ON ,i V1 0 O N V1 O O ul .tn.m O LI.) m Vl $14,171,266 $18,384,691 Department Description 1111032 Permits And Fees 1111033 Intergovernmental 1111034 Charges For Services 111037 Interest 111038 Miscellaneous 1111039 Other Sources Grand Total 114 EMERGENCY SERVICES DISTRICT Comments/ Notes The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive the 4% discount. Grant paid in advance lump sum amounts. ALS charges exceeding budgeted figures. False fire alarm revenue higher than budgeted. Interest earnings higher than anticipated. Reimbursement from St. Lucie County for participating in training. Cash forward reserves budgeted, but not actual Difference from 50% $14,334,159 ei LO O N ei V1 $228,586 O U1 ul 1- in N -1 e-1.1 t0 R N N 0 1.11N u1 V1 N N 00 1-1 n N In N ey a 4.4 Percentage of Annual Budget 0 00 Ol 00 0 °i t0 t0 0 1n m in * r1 ON 378.2% m o 0 0o N o 0 O 82.0% YTD Revenues 00 Ol m N Om0 IN N oo in ct M Li) V1 V0 I-4 t0 NI V1 rq 0 t0 V1 LOT $36,172,652 > 0 co Ln N Ci7 CD .a F --v 7 N 00 .--i O 06 VI. N N. m an. O 0 V N O 11 V? O 1n m Vf 0 .-1 V1 $718,272 N 01 10 O N N IAm REVISED BUDGET V M m 0 t0 m VI. tubi .7 N I. v* O O O N CA v t0 u* O .7 O ul to t0 O vi" n 4.1 0 N V! ul t0 m v eI VI. $44,113,850 Department Description 114031 Taxes 114033 Intergovernmental 1114034 Charges For Services 1114035 Judgments, Fines & Forfeits 1114037 Interest 114038 Miscellaneous 1114039 Other Sources Grand Total Zsg 0 $203,561,836 $101,780,918 VI 00 .% coTo O H 10 c 0 e A 0 v C a t 2 o a N W 0 � a, 2 rl 6 NW ACCOUNT NAME 1- 2 8 U ul N 01 LO N O n N Vf ul v m o oo m 30 00 00 a N Vf O 0 to 0 M to M co" v rn STATE HEALTH DEPARTMENT 001 -106-569-088190- MAINTENANCE - OTHER EQUIPME 001 -107-519-034690- 0 as Jm aS 0 a 69% Increased N c ea `o z tO N 0 01 m 0 00 00 O N n CO 0 n O tri n n N N 0 m m o a ni eo 8 O ni ut 00 N m CO 0 m 0 ui t0 ul a co Ln n N Y 0 0 e 001 -109-571-035450- DEPT OF JUVENILE JU 001 -110-523-088990- SRA BUS SHELTERS 001-110-541-066510-54001 Lri 0E 0 V z E a E E .o E .� - m m o y J y c cE o P �'' m >; E N 3 10 3 a�'i t -0c c c $ o w v v v v E �, c o o 9 moo 0 t w E ' a ' o. - w v v �' o 0 3 3 m 3 ,n `w `1 2E U1=i=cczQ3 z¢oOz==nm-z-00zz Ez.tO-�=� e g<<ee<eeeeaeeeaaaaeaeeeJ am n am No cook Ooh Oeoaom a N Z Z Z CO Z Z Z. � Z 0 .y Z ry Z Z Z Z 0 2 m e N N m m v a E a a E 0- E 05 d from MSTU f E t O J U t21 V t a c 0 0 071 0 a E a a E a 0 0 9 LL b LL .0 0 0 E 0 P.- y LL « .t « v v v E E E = m 0 u Ou O O 242 O z a 0S 0 0 E E 0 0 « EE 0 0 3 3 v 10 -o v v z z M M Q Q aeeeeeee N M O 111 Z o m 00 0 O tel or 00 01 00 0 n M (0. 0 N 00 tD O O M N O 00 0 0 01 u1 a N t0 01 00 O 00 0 CO .-I ✓1 0 M M N N M O Ot tD O M tO N CO M 0 0 n ul N CO 0 0 a N CO m Lel CO n ul n .-1 n o n mom m t.0 oo -000rn 0 ton muni u'^i omrvN eoao m to omm orci m M`aacv (/0 (0 v Ntryrl vv to O rn l0 m O O M 01 CO n Ot M a a a tO O O n CO N N M M t0 N N 00 ul N 0 O N oioMorvtneout utanoenamtriMry ci el, uF tri Mto'trio M m m a CO00 Ol CO00 t0 N en M O1 m N n u) O 00 No, n O Qt n o ut 00 0o O l0 o a m ma 10 Ol O V m N .N-1 M O Ont CO Ont COmN n of N m 8 O O 00 trt co 8 O al u11 O O a tn-1 Om reit n ti tM0 O a M N 1 1: t0 ni O m n N to O1 n m 0Op O t0 or tO m 0 ut a0 of O N in t\ tp O ut o 0 tmn N m to of 3 M O N N Obi CO0CO ON1 t0 00 CO0T t0 300 N N tett O O0, O CO en CO N CO u0t N.0 0 01 M e N O a O ui M O n M 00 M ni M O N 0 0 0 M Lei O O O Ol n N ni n 0 00 M N M m a 01 0 00 t0 a M M N N a CO 01 t0 N 04 0 00 N CO n o n Ol tO Lel0 0 in CO m CO M u1 0 NI 0 01 N a m N 0 a u) O1 N 0 or m t0 M .. O ut a of O n O O1 HUMANE SOCIETY 001-110.562-088310- 001-111-564-033170 OTHER PROF SERVICES -NEEDS ASS e 001-128-569-033190-0 Z O o zcro m o w Z ji x O UJ CI U K .3 Z LI - LO cc 0 s - cc Z W LL a x x oi00 CCR -PROF DEVELOPMENT -EDU 001-128-569-088801 001-203-513-066410- 001-210-572-034660- 001-210-572-066390-170 001 -210-572-066391- REGULAR SALARIES 001 -215-572-011120- 0 nt 01 ut ao 0 m aro N cc 0 001 -220-519-011140- OTHER CONTRACTUAL SERVI 001 -220-519-033490- MAINTENANCE-COURTHOU 001 -220-519-034611- MAINTENANCE - AIR CONDITIONING 001 -220-519-034620- 0-t SHERIFF-LAW ENFORCEMENT 001 -600-586-099040- 0 BUD TRANSF-SUPERVISOR ELE 001 -700-586-099110- MEDICAL SERVICES 001 -907-527-033120- 0 MAINT-STRUCTURE EX 004 -161-572-034660- 0 CO u1 o N m 4.0 tgr. 0o m 00 N Ot e N 00 ti FUND TRANSFERS OUT 004-199-581-099210 REGULAR SALARIES 004-205-515-011120 O to.Ni c0 N t m a m m norm to Ol O a N 01 N M Oi 0 0 co N N 004-400-586-099070 1-10 LO 0 0 t0 0 Ln a N O 102-152-541-066120-17028 0 00 0 0 r m r o 000 N m t0O m a m 0 0 0 to a n m m m n tit a ul O O N M m O O O 103-210-572-066110-19009 RENTAL ASSISTANCE PAYMEN 108 -222-564-036730- ROAD RESURFACING 109 -214-541-053360- CR512 RESURF MYRTLE TO 125TH 109-214-541-053360-16020 49TH ST RESURFACE -58TH -31ST 109-214-541-053360-17027 ROAD RESURFACING 109-214-541-053360-18022 69TH ST RESURFACE -66TH TO US1 109-214-541-053360.19003 58TH AVE & 49TH ST IMPROVMNTS 109-214-541-066510-18015 718,830.46 183,662.81 n M N O O ml iri n m 00 no co t0 00 N u 00 n N M 000 M O e m CO tom n m oin 0 m not 0+ ONO CO N N Vt N 0 o a00 0 ut a u e O a N Oa O m to tor, IR BLVD & GRAND HARBOR INTER - 109 -214-541-066510-18025 INSURANCE -LIFE & HEALTH 111 -214-541-012130- REGULAR SALARIE 244 -541-011120- s 0 114-120-522-011140- x L.73 Lal 0a CC0 Z CC z 114-120-522-012130- 307,233.09 WORKERS COMPENSATION 120-522-012140 m 0 0mr z MAINTENANCE -HEAVY EQUIPM 114 -120 -522-034650- U 3 Z 2 O Om Vat reit m or 0 01M 0 m m v N 0 114-120-522-035120- 114-120-522-035241- 0 Z 0 0 0 ti 0 CO m m 228,980.38 AUTOMOTIVE 114 -120-522-066420- c 0 0 c 3 3 3 s z O z z eaaaa N e 0 CO 00 e 10 V .-I N O N m 00 n ut e N t0 N 01 O N e a � a ROPERTY APPR BUDG TRANSFER 114-120-522-099060- O trot 0 n e n 120-133-525-066510-16004 LONG RANGE TRANSPORTATION PLAN 124-204-515-033490-18024 WILDFIRE GRANT #HMGP 4283-95-R 210-537-033490-20801 N OSLO WILDFIRE-HMGP #1283-40-R 127-210-537-033490-20802 0 c n 00 .0 0 o o N 0. X W EXPENDED ACCOUNT NAME To W 0 L 0 W 00 zzzzzz a a a a a a zzzzzz 0 0 0 0 0 O O O o o 00 n N O O o 00 fV 0 n n ti 01 N VI N m, e N O O z8 a e Z Ln N o r o m N 01 m N N M Vl N 03 m ul 0 0 0 0 0 0 00n ni 0 u CO t O i O O CO N N m n n .4 N V1 N CO 0 Q 1/1 1.11 COC TRA GRNT#FL0113L4H091806 136-163-564-036730-19803 ALCOHOPE GRANT#FL0114L4H091811 136-163-564-036730-19804 NEW CHRONICS #FL0119L4H091811 136-163-564-036730-19806 COC TRA2 #FL0338L4H091805 136-163-564-036730-19807 CHRONICS #FL0360L4H091809 136-163-564-036730-19808 FAMILY RENT #FL0380L4H091804 0 N r N m 04 N V1 01 Vl Vl CO NEW HORIZONS #FL0440L4H091807 136-163-564-036730-19811 SEBASTIAN HARBOR PRESERVE IMP 145-146-539-066390-18035 m c i 3 `0 3 a 013 a 3 3 O V Z z <<<< 032203 O N O uJ 0 r` 1.11nm LO CO 01 01 e O N 1/1 td m n N m CO VI n m OO N 01 a 85TH ST - 101ST AVE TO 96TH AV 185-214-541-066510-18006 JACKIE ROBNSN TRAIN CTR -MAIN 308-162-575-034610-19024 289.876.00 289.876.00 a 3 E 0 0 E 3 E LL c r r 3 3 O O L L a a O O 010`0 i o w o a a E 3 L u m 2 L O C m > 3 .` >u w>,0 0 o c w Z a a d � z z z z n a z a z z V O m 00 .i a N 177.629.50 N O CO ^ ul O V1 01 N m a0 0 ID m m O 00 O m N Oo n N n e N N CO h Ol n m m e n M n m n M 0l N lD N t0e Q m N M O m M m m N N N n LO e e N CO m tD oo m lD oi0l o no Nm, Dom 01 N n COm N m V) e LO tD n e ID Q m m n e n 00 n 0 00 N tT O n m O N m N of O N CO CO b H 308-162-575-066490-19024 315-120-522-066420- 315-210-572-066510-18010 315-214-541-066120- 315.214-541-066120-07806 315-214-541-066120-13009 315-214-541-066510-06041 O NEW COURTROOM FACILITIES 315-220-519-066510-12009 JRTC IMPROVEMENTS 315-220-519-066510-17003 ADMIN BLDGS LIGHTING 315-220-519-066510-17009 VOICE OVER IP 315-220-519-066510-19026 LAND-TDML EFFLUENT STORAGE 315-243-538-066110-19009 O a z 3 c w O 0 a E 3 3 E E E ti O E E E a -0 13 -0 a H = N N VI e e e e e e een N n N 00 m D N N 'M, O 1/1 V ri vi o LO+m I0D N N N m 311,443.33 m V1 CO N 0 m 0 VI n 01 n 400 N n N 05A 0550mn0 O O N N M rn o e CO v 000 w 1111 OOi 00 N N 111 30 .y Q n 1/1 e N e n 03 M CIP-MOORHEN MARSH -PC NORTH 315-243-538-066510-16018 187,233.39 REGULAR SALARIES 411 -217-534-011120- OTHER CONTRACTUAL SERVICE 411 -255-534-033490- OTHER PROFESSIONAL SERVICES 411 -255-534-033190- CE-LIFE & HEALTH 441 -233-524-012130- ED LABOR SERVICES a H 0 441-233-524-033470 COMPUTER SOFTWARE 441-233-524-035120 E 0 0 c ti CO CO 01 rei 0 N N n GIS INTER -DEPT CHARGES 441 -233-524-036991- 3 0 3 E 3 3 3 w w w w m Z Z Z v a a a zgzzz o o tO 0 o O n n 0 0 ao COnio of N 00 10 N O m n 0 m n W OOo a N 011 471 -218-536-044740- a REGULAR SALARIES 471-219-536-011120- 471-219-536-044699-19503 471-219-536-044699-19530 WATER STORAGE TANK MAINTENANCE 471 -219-536-044740- LL E 3 Ti E 0 0 0 J w w w w 3 K Z Z Z Z Z NeaZZZ ,�0zZZZ m m 010 0 oO1 . .1 011 ,A o m 03 000 V m COen 03 m 03 Ol t0 01 t0 m N m N V1 N Vl N tD M 0 0S of 0000 0 0 EEEE 0 0 0 0 N cn 28% 3 addit 25% 3 addit 41% 3 addit 3 0 v E 0tf a a 0 a w v a0 « v v w a z 2 Z Z K z 7 a e a a v a a z0n,zz,n�zz 01 CO m Cr , o Ino A, r 0 0 m e CO m 01 Cr o 0: 11.1 mtd r�vi as 0 000 t^ CA O N CO O O n CO C01-1 N N 01 O V1 N to n 01 Oi 0 00 N Vi a 0i t0 O N mN M N N 'M, e 0 Vl 0 N O O O O N CA V1 O r m m N N O O O O m 0 N e 0 CO N e LA m LO N 01 ci v1 N M N< 1, COnCO .1-, O N .moi R N Ul rtl O1 tD 00 W tD C t0 r` N M Imoi t0 N h 10 m N 33 M 01 03 01 •m e OTHER PROFESSIONAL SERVICES 471 -235-536-033190- HOBART WTP ROOF REPLACEMENT 471-235-536-044699-18506 CENTRAL WWTF ROTOR REPAIR 471-235-536-044699.18510 CRWWTF REPAIR RECYCLE PUMP 471-235-536-044699-19510 CRWWTF RAS -WAS REHAB 471-235-536-044699-19516 NCWTF RESURFACE CHEM CONTAIN MN 471-235-536-044699-19520 EMERGENCY REPAIR US 1 WATER MN 471-235-536-044699-19566 REGULAR SALARIES 471-265-536-011120 INSURANCE -LIFE & HEALTH 471-265-536-012130 104.086.14 471-268-536-011120- 471-268-536-012130- 4699-19512 471-268-536 471 -292 -536 -033190 - BERM REFUR 471-292-536-044699-19555 FUND TRANS 472 -219-536-099210- s & RFP services 0 a 0 ID m 0 w cnTr- 01 N 01 O OTHER PROFESSIONAL SERVICES 502 -246 -513 -033190 - E c co 0 E E FUND TRANSFERS OUT 502 -246 -513 -099210 - WORKERS COMPENSATION 502 -246-519-012140- LEGAL SERVICES 502-246-519-033110- O 0 N e-1 O m j u v Iwoa L N co n C a Q CU o N C o XN W A m R 3e C W W O Z N S N W ACCOUNT NAME 0 O Q N C -a E o L v a E o LL LL M n iu m 2 ocoo .+ a tD Lei 0o env n 0 .1 01".0 CC 01 0 N 01 m 0 Cr m o 0 al 0 ti LA to a CO N e -IV N N N n n m N .-1 o o v L a Z 2 0 O ai 01 v1 W a O CO_ 1- C or of Informa E C � o v v a Z Q Z v 0 n o m v m m O CO 0/ N N CF n N n N•Cr to 0 m a o v ri O N 1-1 ti CO N 502 -246-519-034530- 504 -127-519-034588- STOP LOSS FEES 504 -127-519-034589- REGULAR SALARI 505 -234-519-011120- DEPRECIATION 505 -241-513-036610- REGULAR SALARIES 505-241-513-011120- 44,609,483.50 $ 367,725,1351 FY 2019/2020 BUDGET RECONCILIATION October 1, 2019 to September 30, 2020 Budget 1 Approved Budget as of October 1, 2019 Fund Item Description Grants Received 001 General Fund/Sheriff/SCAAP Grant 001 General Fund/SRA/Grants 001 General Fund/Lagoon/FDEP Grant 114 Emergency Services District/EMS Grant 127 Native Uplands/Grants 145 Land Acquisition/Grant 315 Optional Sales Tax/NEP Grant 315 Optional Sales Tax/FDOT Grant -43rd Ave 315 Optional Sales Tax/Grants- Moorhen Marsh 411 SWDD/Recycling Grant Budget Amendment 70,992 004 & 006 656,995 004 30,000 004 16,456 004 309,316 004 148,500 004 65,000 004 6,585,891 004 2,150,000 004 2,500 004 10,035,650 Projects Carried Forward from FY 2018/2019 001 General Fund/Purchase Order Rollover 63,658 001 001 General Fund/Project Rollover 1,105,296 003&004 001 General Fund/SRA/Project Rollover 3,546,939 004 004 . MSTU/Purchase Order Rollover 14,931 001 004 MSTU/Project Rollover 1,512,126 003 102 Traffic Impact Fees/Project Rollover 5,441,667 003&004&006 103 Impact Fees/Project Rollover 2,528,048 005 108 Rental Assistance/Purchase Order Rollover 30,012 001 109 Secondary Roads/Purchase Order Rollover 97,232 001 109 Secondary Roads/Project Rollover 4,403,193 003&004 111 Transportation/Purchase Order Rollover 420,222 001 111 Transportation/Project Rollover 118,800 003 114 Emergency Services District/Purchase Order Rollover 509,622 001 114 Emergency Services District/Project Rollover 1,266,623 003&005&006 117 Tree Fine Fund/Project Rollover 225,000 003 119 Tourist Tax/Project Rollover 75,000 003 120 911 Surcharge/Project Rollover 90,531 003 123 SHIP/Project Rollover 266,109 003 124 MPO/Long Range Transportation Project Rollover 50,000 004 127 Native Uplands/Project Rollover 48,289 004 128 Beach Restoration/Purchase Order Rollover 56,468 001 128 Beach Restoration/Project Rollover 5,255,440 003&005 129 CDBG/Project Rollover 730,247 003 133 Florida Boating Improvement/Project Rollover 849,196 003 136 Fed Grants/HUD Rollover 19,606 003 140 Court Facilities/Purchase Order Rollover 15,969 001 141 Additional Court Costs/Teen Court 740 004 145 Land Acquisition/Project Rollover 740,621 003&004 171 East Gifford Stormwater/Project Rollover 25,000 003 185 Vero Lake Estates/Project Rollover 720,995 003 308 JRTC/Project Rollover 110,664 005 315 Optional Sales Tax/Purchase Order Rollover 484,734 001 315 Optional Sales Tax/Project Rollover 12,218,646 003&005&006 315 Optional Sales Tax/SRA/Bus Shelters Rollover 19,295 004 411 SWDD/Purchase Order Rollover 3,859 001 418 Sandridge/Purchase Order Rollover 7,578 001 471 Utilities/Purchase Order Rollover 453,504 001 471 Utilities/Project Rollover 1,205,963 003 502 Selt Insurance/Purchase Order Rollover 16,065 001 502 Self Insurance/Project Rollover 847,196 005 505 information Technology/Project Rollover 218,196 005 45,813,280 Donations/Contributions 001 Virgin Trains Litigation 200,000 006 200,000 Unbudgeted Items 001 General Fund/Facilities Mgmt/Purchase Gifford Gardens 18,000 005 001 General Fund/Tax Collector/ Budget Increase 291,627 005 001 General Fund/Animal Services 244,359 006 004 MSTU/Recreation/Golden Sands Park 004 MSTU/Tax Collector/Budget Increase 111 Transportation Fund/R&B/Replace Damaged Equipment 114 Emergency Services District/Tax Collector/Budget Increase 123 SHIP/Revenue from Property Sales 128 Beach Restoration/Sector 5 Change Order 315 Optional Sales Tax/Roseland Community Center 315 Optional Sales Tax/11th Drive Project 315 Optional Sales Tax/Lost Tree Islands Cons. Area 315 Optional Sales Tax/Animal Services 411 SWDD/Tax Collector/Budget Increase 502 Self Insurance/Insurance Proceeds 504 Employee Health./Accounting change 505 Information Technology/Unemployment Compensation Total - All Amendments 24,980 005 14,452 005 229,264 005 117,866 005 5,008 005 1,933,721 004 25,350 004 1,300,000 005 73,080 006 863,975 006 9,910 005 147,710 005 1,422,264 005 3,300 005 6,724,866 62,773,796 1 Total Budget as of March 31, 2020 S 430,498,931 1 23 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960. TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 9, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April. 3, 2020 to April 9, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of April 3, 2020 to April 9, 2020. 24 TRANS NBR 394164 394165 394166 394167 394168 394169 394170 394171 394172 394173 394174 394175 394176 394177 394178 394179 394180 394181 394182 394183 394184 394185 394186 394187 394188 394189 394190 394191 394192 394193 394194 394195 394196 394197 394198 394199 394200 394201 394202 394203 394204 394205 394206 394207 394208 394209 394210 394211 394212 394213 394214 394215 394216 394217 394218 394219 394220 394221 DATE 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 CHECKS WRITTEN VENDOR ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT NORTH CAROLINA CHILD SUPPORT ECMC AMERITAS TOTAL ADMINISTRATIVE SERVICES CORP COMMONWEALTH OF MASSACHUSETTS COAST PROFESSIONAL INC COAST PROFESSIONAL INC NATIONAL RECOVERIES INC ACSI STURGIS LUMBER & PLYWOOD CO COMMUNICATIONS INTERNATIONAL SSES INC RICOH USA INC KIMLEY HORN & ASSOC INC HENRY SCHEIN INC DELTA SUPPLY CO GRAINGER GRAYBAR ELECTRIC JACOBS GROUP INC MCMASTER CARR SUPPLY CO WILD LAND ENTERPRISES INC HACH CO AVERY DENNISON CORPORATION G I S DOLPH MAP LLC BOUND TREE MEDICAL LLC PROFORMA IMAGING EXPRESS REEL GRINDING INC CITY ELECTRIC SUPPLY COMPANY CHILDCARE RESOURCES OF IRC INC ARMFIELD WAGNER APPRAISAL AND RESEARCH BLAKESLEE SERVICES INC BAKER & TAYLOR INC BAKER & TAYLOR INC MIDWEST TAPE LLC BAKER DISTRIBUTING CO LLC JIMMYS AIR & REFRIGERATION INC INDIAN RIVER ALL FAB INC AT&T CORP EBSCO INDUSTRIES INC JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES FEDERAL EXPRESS CORP CALLAWAY GOLF SALES COMPANY FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT IRC HEALTHY START COALITION INC BE SAFE SECURITY ALARMS INC FORESTRY SUPPLIERS INC FLORIDA DEPT OF FINANCIAL SERVICES TLC DIVERSIFIED INC DONADIO AND ASSOCIATES ARCHITECTS PA DAVCO ELECTRICAL CONTRACTORS CORP ECONOLITE CONTROL PRODUCTS INC CELICO PARTNERSHIP BLUE PLANET ENVIRONMENTAL SYSTEMS INC AMOUNT 299.36 303.42 169.30 105.69 303.35 30,237.48 840.84 154.00 231.73 299.30 175.40 201.57 50.12 3,048.06 10,952.51 103.00 2,780.00 1,350.51 424.17 14,163.30 324.66 2,264.00 103.00 203.95 3,788.92 3,175.20 73.00 288.00 116.50 1,100.00 160.42 960.00 INC 600.00 66.30 83.09 7,335.14 882.22 139.14 16,750.00 2,030.00 124.85 26.40 1,269.03 3,800.00 6.90 1,362.00 22,139.24 5,164.89 4,166.66 140.00 52.92 8,652.69 17,730.00 7,144.50 6,243.75 22,056.00 355.14 5,159.00 25 TRANS NBR 394222 394223 394224 394225 394226 394227 394228 394229 394230 394231 394232 394233 394234 394235 394236 394237 394238 394239 394240 394241 394242 394243 394244 394245 394246 394247 394248 394249 394250 394251 394252 394253 394254 394255 394256 394257 394258 394259 394260 394261 394262 394263 394264 394265 394266 394267 394268 394269 394270 394271 394272 394273 394274 394275 394276 394277 394278 394279 394280 394281 DATE 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/09/2020 04/09/2020 VENDOR AMOUNT BIG BROTHERS AND BIG SISTERS 6,838.15 FASTENAL COMPANY 56.02 SOUTHERN JANITOR SUPPLY INC 2,144.37 GERELCOM INC 53.50 ORCHID ISLAND PROPERTY MGMT II INC 400.00 1ST FIRE & SECURITY INC 204.00 EARLY LEARNING COALITION OF INDIAN RIVER 3,980.41 FAMILY POOLS INC 65,730.00 CEMEX INC 1,336.00 REDLANDS CHRISTIAN MIGRANT ASSOC 9,712.79 MARINCO BIOASSAY LABORATORY INC 1,600.00 KWACKS INC 16,309.08 WINSUPPLY OF VERO BEACH 917.99 CHEMETRICS INC 359.95 GUETTLER BROTHERS CONSTRUCTION LLC 620,265.08 OVERDRIVE INC 1,989.75 AUTOMATIONDIRECT.COM INC 53.00 CARDINAL HEALTH 110 INC 1,665.99 MUNICIPAL EMERGENCY SERVICES INC 1,946.68 KYLE ANDERSON 1,300.00 BURNETT LIME CO INC 12,651.80 PENGUIN RANDOM HOUSE LLC 45.00 STRAIGHT OAK LLC 111.80 CHEMTRADE CHEMICALS CORPORTATION 664.40 MASCHMEYER CONCRETE COMPANY OF FLORIDA 1,987.92 HAWKINS INC 941.05 CATHEDRAL CORPORATION 1,158.87 A GREAT FENCE LLC 1,490.00 UNIFIRST CORPORATION 191.40 WILSON SPORTING GOODS CO 848.78 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 455.24 EASTERN PIPELINE CONSTRUCTION INC 850.00 REBECCA CARSWELL 180.00 DEBBIE CARSON 75.00 MATHESON TRI -GAS INC 7,999.16 AQSEPTENCE GROUP INC 1,213.86 COLE AUTO SUPPLY INC 1,551.14 FLORIDA BULB & BALLAST INC 3,579.20 CORE & MAIN LP 37,206.87 IMAGE ONE CORPORATION 897.00 EMPIRE PIPE ORLANDO LLC 4,227.49 AMAZON CAPITAL SERVICES INC 1,210.32 ARMOROCK LLC 1,517.00 AMERIGAS PROPANE LP 2,061.36 BENEFIT EXPRESS SERVICES LLC 5,961.45 HOMEPROS INC 5,863.00 JUDITH A BURLEY 10.00 INVASIVE PLANT ERADICATORS LLC 587.49 ENVIRONMENTAL PRODUCTS GROUP INC 258,290.85 SITECRAFTERS OF FLORIDA INC 109,198.65 THE BUGGY BUNCH INC 553.80 CONTROL TECHNOLOGIES INC 49,610.39 DENTAL HEALTH PRODUCTS INC 1,558.00 COASTAL DOORS LLC 1,627.00 CHELSEA JACOBS 53.25 MATALIA FENNEWALD 106.50 TOCQUEVILLE ASSET MANAGEMENT LP 40,349.17 DENISE BOGAN 500.00 PORT CONSOLIDATED INC 476.47 LENGEMANN CORP 457.92 26 TRANS NBR 394282 394283 394284 394285 394286 394287 394288 394289 394290 394291 394292 394293 394294 394295 394296 394297 394298 394299 394300 394301 394302 394303 394304 394305 394306 394307 394308 394309 394310 394311 394312 394313 394314 394315 394316 394317 394318 394319 394320 394321 394322 394323 394324 394325 394326 394327 394328 394329 394330 394331 394332 394333 394334 394335 394336 394337 394338 394339 Grand Total: DATE 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 VENDOR AMOUNT RANGER CONSTRUCTION IND INC 1,381.52 VERO CHEMICAL DISTRIBUTORS INC 909.20 RICOH USA INC 158.97 RICOH USA INC 28.54 SAFETY PRODUCTS INC 675.80 SWE INC 1,250.00 BAKER & TAYLOR INC 30.06 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 UNITED WAY OF INDIAN RIVER COUNTY 594.94 TREASURE COAST HOMELESS SERVICES 9,146.42 PUBLIX SUPERMARKETS 89.20 TIMOTHY ROSE CONTRACTING INC 360,926.96 FLORIDA POWER AND LIGHT 49,624.87 FLORIDA POWER AND LIGHT 990.57 STRUNK FUNERAL HOMES & CREMATORY 425.00 WEST MARINE PRODUCTS INC 76.47 SYMBIONT SERVICE CORP 379.00 RUSSELL PAYNE INC 314.98 CELICO PARTNERSHIP 1,046.03 THE SHERWIN WILLIAMS CO 64.00 SOUTHERN JANITOR SUPPLY INC 517.18 CAROLE J MADIGAN 660.00 PAK MAIL 126.60 TREASURE COAST FOOD BANK INC 143.28 RAINBOW GROUP LLC 1,060.00 MURPHY & WALKER P L 11,541.25 MOORE MOTORS INC 23.75 NEWSOM OIL COMPANY 119.60 WILD TURKEY ESTATES OF VERO LLC 954.00 MUNICIPAL EMERGENCY SERVICES INC 270.00 W&G MAINTENANCE 2,330.00 CARMEN LEWIS 31.50 SAMBA HOLDINGS INC 205.06 THE LAW OFFICES OF 520.00 MASCHMEYER CONCRETE COMPANY OF FLORIDA 3,712.50 STEPHEN G NEILL 2,493.75 UNIFIRST CORPORATION 380.48 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 214.62 WURTH,USA INC 204.63 GOVERNMENTJOBS.COM INC 18,900.00 COLE AUTO SUPPLY INC 2,822.25 BETH NOLAN 21.00 RELX INC 400.00 STUART RUBBER STAMP & SIGN CO INC 11.24 JOHN WALCOTT 135.00 TYCO FIRE & SECURITY MANAGEMENT INC 831.00 Ni CRITICAL TECHNOLOGIES INC 17,062.44 PIRATE PEST CONTROL LLC 9.00 KINDERGARTEN READINESS COLLABORATIVE 4,306.00 JORDAN POWER EQUIPMENT CORP 729.39 DERECK R PRINCE 120.00 MULLINAX FORD OF VERO BEACH 178.32 PGL TRUCKING INC 5,047.12 STAPLES INC 861.27 LOWES COMPANIES INC 5,384.32 PEOPLEREADY INC 1,040.00 VIDEO SCREENS USA INC 49,875.00 SPORTS ENGINE INC 425.50 2,069,221.56 27 TRANS NBR 900453 900454 900455 900456 900457 900458 900459 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN DATE 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 VENDOR AMOUNT FLORIDA POWER AND LIGHT 20.00 IRC HOUSING AUTHORITY 857.00 THE PALMS AT VERO BEACH 1,228.00 INDIAN RIVER RDA LP 495.00 JOHN T STANLEY 808.00 SONRISE APARTMENT PROPERTIES LLC 600.00 VERO BEACH LEASED HOUSING ASSOC III LLLP 921.00 4,929.00 28 TRANS. NBR 1016454 1016455 1016456 1016457 1016458 1016459 1016460 1016461 1016462 1016463 1016464 1016465 1016466 1016467 1016468 1016469 1016470 1016471 1016472 1016473 1016474 1016475 1016476 1016477 1016478 1016479 1016480 1016481 1016482 1016483 1016484 1016485. 1016486 1016487 1016488 1016489 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/08/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 04/09/2020 VENDOR AT&T CORP OFFICE DEPOT INC COMCAST BRIDGESTONE GOLF INC WASTE MANAGEMENT INC OF FLORIDA COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC WATER SAFETY PRODUCTS INC GALLS LLC MEEKS PLUMBING INC ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC STAT MEDICAL DISPOSAL INC HYDRA SERVICE (S) INC GUARDIAN ALARM OF FLORIDA LLC EFE INC PACE ANALYTICAL SERVICES LLC RING POWER CORPORATION IRRIGATION CONSULTANTS UNLIMITED INC SOUTHERN COMPUTER WAREHOUSE INC MIDWEST MOTOR SUPPLY CO RECH I'IEN INTERNATIONAL TRUCKS METRO FIRE PROTECTION SERVICES INC PROTRANSMASTERS II INC RADWELL INTERNATIONAL INC PACE ANALYTICAL SERVICES LLC AT&T CORP OFFICE DEPOT INC POLYDYNE INC WASTE MANAGEMENT INC OF FLORIDA AMOUNT 428.38 2,094.21 579.95 962.05 1,888.79 938.68 848.70 250.00 1,649.25 71.60 969.00 2,555.00 2,568.19 126.64 669.24 63.95 7,044.53 292.04 300.00 7,868.00 2,147.75 208.44 738.00 297.67 1,942.50 7,261.64 527.69 359.42 278.00 251.30 6,554.65 108.00 5,353.09 1,341.07 2,576.00 1,937.43 64,050.85 29 TRANS NBR 7570 7571 7572 7573 7574 7575 7576 7577 7578 7579 7580 7581 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/03/2020 04/07/2020 04/07/2020 04/07/2020 04/07/2020 04/09/2020 04/09/2020 VENDOR KIMLEY HORN & ASSOC INC CDM SMITH INC IRC FIRE FIGHTERS ASSOC NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT INC TOTAL ADMINISTRATIVE SERVICES CORP CLERK OF CIRCUIT COURT FL SDU IRS -PAYROLL TAXES IRS -PAYROLL TAXES HIGHMARK STOP LOSS INDIAN RIVER COUNTY SHERIFF AMOUNT 40,281.00 5,476.50 9,508.44 60,293.65 6,570.91 13,023.74 4,545.57 5,502.85 51.18 439,055.99 68,620.20 180,000.00 832,930.03 30 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 27, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid# 2020032 — Medical Services for Persons with Special Needs (PSN) Shelter BACKGROUND: On behalf of the Emergency Services Department, sealed bids were requested for providers of temporary health care staffing for the Persons with Special Needs (PSN) shelter during emergency evacuations. The medical staffing will include two nurses (at least one of whom is a Registered Nurse), six Certified Nursing Assistants or Home Health Aides, and one Respiratory Therapist. The term of award is three years, with three one-year extensions available. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Downloaded by: Replies: February 23, 2020 March 20, 2020 165 Vendors 6 Vendors 2 Vendors Firm Location Total Hourly Bid Price Creative Solutions Companion Care Service, LLC West Palm Beach $197.00 Response Systems, Inc. Englewood $904.33 ANALYSIS: The Emergency Services Department has recommended award to Creative: Solutions Companion Care Service, LLC as the lowest, responsive and responsible bidder. SOURCE OF FUNDS: Expenses incurred for this work are anticipated to be funded through FEMA reimbursement. 31 RECOMMENDATION: Staff recommends that the Board award bid 2020032 to Creative Solutions Companion Care Service, LLC, approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorneys has approved the agreement as to form and legal sufficiency, and receipt and approval of the required insurance. Attachment: Sample Agreement 32 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Creative Solutions Companion Care Service, LLC (hereinafter called PROVIDER). OWNER and PROVIDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK PROVIDER shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Provide fully -staffed medical team(s) in the event of shelter activation to provide round-the-clock coverage at Persons with Special Needs (PSN) Shelter, which includes: two (2) nurses (at least one of whom is a Registered Nurse), Six (6) Certified Nursing Assistants or Home Health Aides, and One (1) Respiratory Therapist. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Medical Services for Persons with Special Needs (PSN) Shelter Bid Number: 2020032 Project Address: 8955 85th Street, Sebastian, FL 32958, or other location as determined by FDOH ARTICLE 3 - CONTRACT TERM The term of this award is three years from effective date, with three additional one-year terms available, based on mutual consent and OWNER's determination that renewal is in the best interest of the County. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay PROVIDER for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to the prices stated in PROVIDER's Bid, attached hereto as Exhibit 1. Payment will be made at the total team price bid, even if lower level positions are filled by more highly -qualified providers. 4.02 Failure to provide a fully -qualified and staffed team in accordance with the time requirements above will result in a penalty of $1,000 per day. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment 33 Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Office of Emergency Management (OEM) will authorize payment to be made. All payments for services shall be made to the PROVIDER by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the PROVIDER of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the PROVIDER other than claims in stated amounts as may be specifically excepted by the PROVIDER for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the PROVIDER or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION PROVIDER shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the PROVIDER and persons employed or utilized by the PROVIDER in the performance of the Work. ARTICLE 7 - PROVIDER'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement PROVIDER makes the following representations: A. PROVIDER has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. PROVIDER is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. PROVIDER does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, during the Contract Term, and in accordance with the other terms and conditions of the Contract Documents. D. PROVIDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. E. PROVIDER has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that PROVIDER has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to PROVIDER. F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 34 ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 9 inclusive); (2) Notice(s) to Proceed; (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2020032; (5) Addendum Number 1; (6) PROVIDER'S Bid Form (pages 14 through 15 of 31, inclusive); (7) Drug Free Workplace Form (pages 17 of 31); (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 and 19 of 31); (9) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 20 of 31); (10) Certification Regarding Lobbying (page 21 of 31); (11) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not 35 be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and PROVIDER each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and PROVIDER, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Provider shall comply with Florida's Public Records Law. Specifically, the Provider shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Provider does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Provider or keep and maintain public records required by the County to perform the service. If the Provider transfers all public records to the County upon completion of the contract, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains 36 public records upon completion of the contract, the Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Provider to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 – FEDERAL CLAUSES 10.01 OWNER and PROVIDER will adhere to the following, as applicable to this work: A. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Provider is required to verify that none of the Provider, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Provider must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the Provider did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Florida Department of Emergency Management (FDEM) and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. Thebidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. B. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Providers who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress 37 in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. C. Access to Records (1) The Provider agrees to provide FDEM, Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Provider which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Provider agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Provider agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. D. DHS Seal, Logo, and Flags: The Provider shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. E. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Provider will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. F. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, Provider, or any other party pertaining to any matter resulting from the contract. G. Program Fraud and False or Fraudulent Statements or Related Acts: The Provider acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Provider's actions pertaining to this contract. H. AFFIRMATIVE STEPS: PROVIDER shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) s Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 38 Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by PROVIDER and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion PROVIDER is improperly performing work or violating any provision(s) of the Contract Documents; (2) if PROVIDER neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion PROVIDER's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if PROVIDER assigns this Contract or any money accruing thereon or approved thereon; or (5) if PROVIDER abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for PROVIDER or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify PROVIDER in writing of the grounds for termination and provide PROVIDER with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the PROVIDER fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying PROVIDER in writing. Upon receiving such notification, PROVIDER shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize PROVIDER to restore any work sites. D. The PROVIDER shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate PROVIDER's services and work for OWNER's convenience. Upon receipt of notice of such termination PROVIDER shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Provider shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by PROVIDER as are permitted by the prime contract and approved by the OWNER. Provider shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 39 F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: PROVIDER certifies that it and those related entities of PROVIDER as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, PROVIDER certifies that it and those related entities of PROVIDER as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if PROVIDER is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if PROVIDER, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and PROVIDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and PROVIDER. All portions of the Contract Documents have been signed or identified by OWNER and PROVIDER or on their behalf. 40 This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: PROVIDER: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Creative Solutions Companion Care Service, LLC By: (Provider) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If PROVIDER is a corporation or a partnership, attach evidence of authority to sign.) 41 gC INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 3, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Ranking of Firms and Approval of Agreement — RFP 2020025 - Disaster Debris Management Services BACKGROUND: On behalf of the Public Works Department, Requests for Proposals (RFPs) were solicited for the as needed management of debris that may result from catastrophic events such as tropical storms, hurricanes or tornadoes. The current contract was awarded by the Board on April 6, 2016 to Ceres Environmental Services as primary contractor and AshBritt Environmental as secondary contractor. The term of the new agreement is 24 months, with two additional 24 -month terms available. Primary and secondary awards are again proposed. RFP RESULTS: Advertising Date: January 12, 2020 RFP Opening Date: February 19, 2020 Solicitation Broadcast to: 653 Subscribers RFP Documents Requested by: 20 Firms Replies: 11 Firms ANALYSIS: A selection committee comprised of Rich Szpyrka, PE, Public Works Director, James Ennis, PE, Assistant Public Works Director, Kristin Daniels, CGFO, Director, Office of Management and Budget, Himanshu Mehta, PE, Managing Director, SWDD, and Kirstin Leiendecker, PE, Project Engineer independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. Evaluation criteria included qualifications and experience of the firm, references, project approach and schedule, and proposal pricing. These scores were compiled by the committee and an overall initial ranking of firms developed. The top three firms were invited to participate in interviews. At the conclusion of the interviews, each committee member ranked the top three firms, with those rankings compiled to develop the final ranking of firms. 42 FUNDING: Per unit service rates were provided on the proposal pricing forms to establish a price baseline for purposes of comparison. Additional services were added for this term of the agreement, such as equipment rental and fish kill event response, but are omitted from the Change from Current Agreement Pricing calculation. Company Proposing Firm Location 1. Ceres Environmental Services, Inc. Sarasota, FL 2. CrowderGulf Joint Venture, Inc. Theodore; AL 3. TFR Enterprises, Inc. Leander, TX 4. DRC Emergency Services, LLC Metairie, LA 5. D&J Enterprises, Inc. Auburn, AL 6. Southern Disaster Recovery, LLC Greenville, SC 7. Custom Tree Care, Inc. Topeka, KS 8. Grubbs Emergency Services, LLC Hudson, FL 9. Santee Modular Homes, Inc. Santee, SC 10 Bergeron Emergency Services Fort Lauderdale, FL 11. Omni Construction, Inc. Pearl River, LA FUNDING: Per unit service rates were provided on the proposal pricing forms to establish a price baseline for purposes of comparison. Additional services were added for this term of the agreement, such as equipment rental and fish kill event response, but are omitted from the Change from Current Agreement Pricing calculation. Company Total Unit Price Proposal Change from Current Agreement Pricing Ceres Environmental Services, Inc. $6,831.54 -9.30% CrowderGulf Joint Venture, Inc. $6,937.81 -2.73% TFR Enterprises, Inc. $5,561.40 -9.76% DRC Emergency Services, LLC $6,945.15 8.99% D&J Enterprises, Inc. $5,677.06 31.10% Southern Disaster Recovery $6,907.25 45.84% Custom Tree Care, Inc. $5,802.85 4.42% Grubbs Emergency Services, LLC $5,298.50 9.14% Santee Modular Homes, Inc. $6,076.75 -8.13% Bergeron Emergency Services $10,204.50 104.28% Omni Construction, Inc. $3,295.75 35.15% Local funding for debris cleanup is provided by Solid Waste Disposal District reserves. In the event of a Federally Declared disaster, the County would apply for FEMA reimbursement, with the local match provided by SWDD. 43 RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and make the primary award to Ceres Environmental Services, Inc., and secondary award to CrowderGulf Joint Venture, Inc. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after receipt and approval of the required insurance by the Risk Manager and the County Attorney's approval of the agreement as to form and legal sufficiency. ATTACHMENT: Sample Agreement 44 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called County) and (hereinafter called CONTRACTOR). County and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Disaster Debris Removal and Disposal ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Disaster Debris Removal and Disposal RFP Number: 2020025 Project Address: County -wide ARTICLE 3 - CONTRACT ERM The term of this agreement shall be two years with two two-year extensions available. ARTICLE 4 - CONTRACT PRICE County shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to work authorized and at the prices stated in CONTRACTOR's Proposal, attached hereto as Exhibit 1. CPI rate increases will be implemented, as described in the RFP. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. County shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided below. 1. Progress payments shall be for 90% of the work completed with 10% of the payment be held as retainage. B. Final Acceptance and Payment: When the work provided for under this contract has been completed, in accordance with the terms thereof, a payment request in the amount of such work including any retainage shall be prepared by the CONTRACTOR, and filed with the County within fifteen days after the date of completion. 45 C. In accordance with the Florida Prompt Payment Act, after final acceptance by the County, the County shall make payment to the CONTRACTOR in the full amount. PAYMENT and acceptance of such payment by the CONTRACTOR shall release the County from all claims or liabilities to the CONTRACTOR in connection with this Contract. ARTICLE 6 - INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct/of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce County to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by County and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 46 H. CONTRACTOR has given County written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by County is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to _, inclusive); (2) Notice(s) to Proceed (3) Public Construction/Payment and Performance Bond(s); (4) Certificate(s) of Liability Insurance (5) Request for Proposals 2020025 (6) Addenda (numbers to , inclusive); (7) CONTRACTOR'S Submitted Proposal (pages _ to , inclusive); (8) Bid Bond (pages _ inclusive); (9) Qualifications Questionnaire (pages _ to inclusive); (10) Drug Free Workplace Form (pages _to , inclusive) (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages _ to , inclusive); (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (13) Certification Regarding Lobbying (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 47 ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. County and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon County and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 49 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon .completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records .that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 County and CONTRACTOR will adhere to the following, as they are applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms' of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 50 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or 51 permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Energy Policy and Conservation Act —The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6201) F. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 52 (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction itenters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State of Florida and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti -Lobbying Amendment Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. H. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. The list of EPA -designate items is available at http://www.epa.gov/cpg/products.htm. I. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide the State of Florida, Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. . DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 53 K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. L. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. M. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. N. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the County with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the County may have under this Contract or under law: (1) if in the County's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the County's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. County shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the County. 54 C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, County may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification,. CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the County may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the County in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by County to enforce its rights herein. E. TERMINATION. FOR CONVENIENCE: County may at any time and for any reason terminate CONTRACTOR's services and work for County's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the County. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. County may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 55 IN WITNESS WHEREOF, County and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to County and CONTRACTOR. All portions of the Contract Documents have been signed or identified by County and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is. the Effective Date of the Agreement). County: CONTRACTOR: INDIAN RIVER COUNTY By: By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is .a corporation or a partnership, attach evidence of authority to sign.) 56 Exhibit 1— Pricing 57 CONSENT AGENDA BCC MEETING 04/21/2020 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Michael C. Zito, Assistant County Administrator DATE: April 15, 2020 SUBJECT: Memorandum of Understanding with IAFF Local 2201 ("Union") Regarding Coronavirus Disease Background: On March 17, 2020, Indian River County declared a local state of emergency in response to the Novel Coronavirus Disease 2019 ("COVID-19") crisis with said declaration being affirmed and continued on March 24, March 31, April 7, and again on April 14, 2020 respectively. In response to recently adopted federal legislation titled Families First Coronavirus Response Act (the "Act'), the Indian River County Emergency Services District (the "County") and the Union desire to memorialize their understanding of the County's election to opt out of the Act with respect to the County's first responder positions within the Union. The parties desire to memorialize the impact to the current Collective Bargaining Agreement ("CBA") through a Memorandum of Understanding ("M.O.U."). Generally, the Act requires certain employers including Indian River County to provide their employees with up to 80 hours of additional paid sick leave for specified reasons related to COVID-19 available from April 1, 2020 through December 31, 2020. The Act, in addition to mandating up to 80 hours of sick leave, requires expanded family and medical leave for specified reasons related to child care for up to 12 weeks at 66.7% of their equivalent rate of pay. 58 Analysis: The County, while recognizing the extraordinary contributions of the first responders in the Union during the declared emergency, desires to voluntarily provide an equivalent sick leave benefit not required: by the Act and maturing at the conclusion of the benefit period contemplated by the Act well after the pandemic. Therefore, in recognition of the contributions made by first responders in the Union who are assigned to continue working to provide services to the community during the COVID-19 crisis, and in contemplation of the obligations set forth in the CBA, the County is providing a benefit to all eligible members of the Union in the form of 80 hours of deferred vacation leave which shall not affect the employees existing or future regular leave accruals under Section 28 of the CBA or related administrative polices. The County will deposit. the 80 hours of paid vacation leave to each employee's vacation balance effective on the first pay period following the expiration of benefit period envisioned by the Act which is currently December 31, 2020 unless extended by the federal government (the "Deposit Date"). This benefit will not mature nor can it be utilized prior to the Deposit Date. The M.O.U. authorizes a limited extension to the vacation cap carryover provisions of Article 28 in order to blend in the additional vacation hours during calendar years 2021 and 2022. FUNDING: Although difficult to predict the direct budgetary impact at this time, a loss in staff time is anticipated as a result of the additional vacation leave allowance and possible carryover. This loss in staff time could warrant the need for additional overtime coverage which will be handled via budget amendment, where necessary. Annual salaries for the current fiscal year are budgeted and fully funded. RECOMENDATON: Staff recommends the Board approve the Memorandum of Understanding, and authorize the Chair to sign. Attachments: Memorandum of Understanding APPROVED AGENDA ITEM FOR APRIL 21, 2020 59 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this 21st day of April, 2020 by and between Indian River County Firefighters/ Paramedics Association, Local 2201 Inc., (the "Union") and Indian River County Emergency Services District (the "County"). WHEREAS, on November 19, 2019 the Union and the County entered into the current Collective Bargaining Agreement ("CBA") which remains operative through September 30, 2022; and WHEREAS, on March 1, 2020 the Governor of the State of Florida issued Executive Order Number 20- 51 directing the Florida Department of Health to issue a Public Health Emergency due to the Novel Coronavirus Disease 2019 ("COVID-19"); and WHEREAS, on March 9, 2020 the Governor issued Executive Order 20-52 declaring a state of emergency for the entire state of Florida as a result of COVID-19; and WHEREAS, on March 17, 2020 Indian River County declared a local state of emergency in response to the COVID-19 crisis with said declaration being renewed and affirmed on March 24, March 31, April 7, April 14, and again on April 21, 2020 respectively; and WHEREAS, recently adopted federal legislation titled Families First Coronavirus Response Act (the "Act") requires certain employers including Indian River County to provide their employees with up to 80 hours of paid sick leave for specified reasons related to COVID-19 available from April 1, 2020 through December 31, 2020 unless otherwise extended ("CV Sick Leave"); and WHEREAS, the Act, in addition to mandating up to 80 hours of CV Sick Leave, requires expanded family and medical leave for specified reasons related to child care for up to 12 weeks at 66.7% of their equivalent rate of pay ("Expanded Family Leave"); and WHEREAS, the Act expressly provides employers of first responders to the ability to "opt out" of the Act as it may or may not be applied to first responders; and WHEREAS, by correspondence dated March 31, 2020, the County provided notice to the Union that the County was opting out of the Act with respect to first responders covered by the CBA and that the County is desirous of providing an alternative benefit to the Union in the form of deferred COVID-19 related vacation leave following the expiration of the Act as specified on December 31, 2020 or any extension thereof by the Federal Government, whichever is later, (the "Deposit. Date"); and WHEREAS, in recognition of the extraordinary contributions made by employees who are assigned to continue working to provide emergency services to the community during the COVID-19 crisis, the County is providing a benefit not required by the Act in the form of a deferred vacation accrual supplement of 80 hours on the Deposit Date to each member of the bargaining unit (the "CV Vacation"). Now therefore, the Union and County Agree as follows: 60 Section 1. The aforementioned whereas clauses are incorporated herein and given full force and effect. Section 2. The Union acknowledges that the County's decision to opt out of the Act with respect to bargaining unit employees in no way violates of terms of the CBA. The County and the Union agree that the CV Sick Leave and Expanded Family leave required by the Act are not applicable to the CBA as the County has opted out of the Act; and that any deferred benefit offered by the County as an alternative is voluntary and will not commence or otherwise vest until the Deposit Date. Section 3. Effective beginning the first pay period following the Deposit Date, the County will deposit 80 hours of CV Vacation to each bargaining unit employee's vacation leave balance. On the Deposit Date, the CV Vacation shall supplement and merge with the employee's then existing vacation leave accrual balance to be utilized in accordance with Article 28 of the CBA, existing Rules and Regulations, and any related administrative polices. Any request for utilization, pledge, or advance of the CV Vacation prior to the Deposit Date shall be denied. All vacation requests prior to and following the Deposit Date shall be made in accordance with CBA. Section 4. To the extent an employee has not used enough vacation by December 31, 2021 to avoid surrender of vacation hours pursuant to the carry over provisions of Article 28 of the CBA, the County will allow the employee to carry over up to 40 hours above the vacation accrual maximum during the first pay period in January 2022, to be used by December 31, 2022. The vacation maximums will return to the established vacation carryover maximums as reflected in the collective bargaining agreement in effect on December 31, 2022, or if no collective bargaining agreement has been ratified, the maximums reflected in the CBA. Section 5. The County and the Union agree that upon separation of employment, employees are not entitled to reimbursement for unused CV Vacation upon termination, resignation, retirement, or other separation from employment prior to the Deposit Date. Section 6. The Union and County agree that this Memorandum of Agreement shall not be binding on, used as precedent, or relied upon in future instances. INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By: Susan Adams, Chairman Indian River County Board of County Commissioners BCC Approved Date: INDIAN RIVER COUNTY FIREFIGHTERS/ PARAMEDICS ASSOCIATION LOCAL 2201, I.A.F.F. By: John O'Connor, President Date: 61 ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney. 62 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSEN TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Molly Klinepeter, Lagoon Plan Environmental Specialist SUBJECT: Amendment No. 1— FDEP Grant Agreement No. 19IR3 Vero Beach Restoration — Sector 5 DATE: April 9, 2020 BACKGROUND The Florida Department of Environmental Protection (FDEP) received FY 2019/2020 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. On September 26, 2019, FDEP entered into Grant Agreement No. 19IR3 with Indian River County; committing up to $821,833.00, at varying cost share ratios for feasibility, design, and construction phases of the Sector 5 Beach Restoration Project. DESCRIPTION AND CONDITIONS In Amendment No. 1 to Grant Agreement No. 19IR3, FDEP granted the remaining requested funds to Indian River County. This amendment increased the committed funding from $821,833.00 to •$1,748,751.00, an increase of $926,918.00 for feasibility, design, and construction phases of the Sector 5 Beach Restoration Project. Task No. Eligible Project Task DEP Cost Share (%) Federal Estimated Project Costs DEP Cost Share Local Cost Share Total 1 Feasibility 50% $16,124.00 $16,124.00 $32,248.00 2 Design 46.65% $109,029.33 $124,688.42 $233,717.75 3 Construction 36.00% $1,030,156.13 $1,623,597.67 $1,856,783.19 $4,510,536.99 Total 36.61% $1,030,156.13* $1,748,751.00 $1,997,595.61 $4,776,502.74 *Federal Cost Share Includes FEMA and State.Funding for Hurricanes Irma and Matthew The purpose of this agenda item is to request Board approval of Amendment No. 1 to FDEP Grant Agreement No. 19IR3. 63 Page 2 Amendment No. 1 FDEP Grant Agreement 19IR3 April 9, 2020 FUNDING Funding for the Sector 5 Beach and Dune Restoration Project is provided by a portion of the Local Option Tourist Tax Revenue as well as FEMA reimbursement. Funding is available in the Beach Restoration Fund/Sector 5 Beach Renourishment/Hurricane Matthew, Account # 12814472- 066510-17001. Because FEMA has not yet written a Project Worksheet, (PW) for Hurricane Dorian, sand Toss and project costs have not been considered in this agreement. RECOMMENDATION Staff recommends the Board approve Amendment No, 1 to FDEP Grant Agreement No. 19IR3 increasing the FDEP Grant amount by $926,918.00, and authorize the Chairman to sign the Agreement on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment No. 1 to the State for final signatures. Upon receipt of the fully executed Amendment No. 1 from the State, staff will transmit to the Clerk to the Board of County Commission for filing. ATTACHMENT 1. Amendment No. 1, FDEP Grant 19IR3 2. IRC Grant Form 19IR3 APPROVED AGENDA ITEM FOR: April 21, 2020 64 AMENDMENT NO. 1 TO AGREEMENT NO. 19IR3 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. 19IR3 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801 27th Street, Building A, Vero Beach, FL 32960 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for feasibility, design and construction effective September 26, 2019; and WHEREAS, the parties wish to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1) The total amount of funding of the Agreement is increased to $1,748,751.00. 2) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan. 3) Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5-A, Revised Special Audit Requirements, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5 shall hereinafter refer to Attachment 5--A, Revised Special Audit Requirements. 4) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Indian River County Florida Department of Environmental Protection By: By: Title: Secretary or Designee Date: Date: LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 3-A Revised Grant Work Plan, (4 pages) Attachment 5-A Revised Special Audit Requirements (7 pages) 65 ATTACHMENT 3-A REVISED GRANT WORK PLAN PROJECT TITLE: Vero Beach Restoration PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R70and R86 along the Atlantic Ocean, in Indian River County, Florida. PROJECT BACKGROUND: The Vero Beach Restoration Project consists of a restoration of 3.07 miles of critically eroded shoreline between DEP reference monuments R-70 and R-86 in Indian River County. The County conducted a feasibility study and recently received federal and state permits for the restoration project. PROJECT DESCRIPTION: The Project consists of feasibility, design and construction. PROJECT ELIGIBILITY: The Department has determined that 93.3 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $1,748,751.00 for this Project or up to 46.65 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statute (F.S.). Pursuant to Sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: https://floridadep.gov/sites/default/files/PhysicalMonitoringStandards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. 66 Acronyms: CCCL — Coastal Construction Control Line DEP — Florida Department of Environmental Protection F.S. — Florida Statutes F.A.C. — Florida Administrative Code FEMA — Federal Emergency Management Agency FWC — Florida Fish and. Wildlife Conservation Commission FWS — United States Fish and Wildlife Service JCP — Joint Coastal Permit NEPA — National Environmental Policy Act NMFS — National Marine Fisheries Service RAI — Request for Additional Information USACE — United States Army Corps of Engineers TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Feasibility Task Description: The Local Sponsor will acquire professional services for activities necessary to determine the feasibility of the proposed Project or Project -related improvements necessary to accomplish Department -approved goals and strategies. Deliverable: Certification of Completion including documentation of submittal affirming that the final feasibility report was completed and submitted to the Department. For interim payment requests, a Task Summary. Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no, more frequently than quarterly. Task 2 Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. 67 Deliverable: Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 3 Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverableand any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. 68 Eligible Project Cost Task # Eligible Project Tasks State Cost Share (/o) Federal Estimated Project Costs DEP Local Total 1 Feasibility 50.00% 1/1/2016 $16,124.00 $16,124.00 $32,248.00 Contractual Services $109,029.33 1/1/2016 8/30/2023 3 Construction Contractual Services 2 Design 46.65% Total: $109,029.33 5124,688.42 5233,717.75 3 Construction 46.65% $1,030,156.13 51,623,597.67 $1;856,783.19 $4,510,536.99 TOTAL PROJECT COSTS $1,030,156.13 $1,748,751.00 $1,997,595.61 $4,776,502.74 Note: The federal share includes FEMA and DEM. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date 1 Feasibility Contractual Services $16,124.00 1/1/2016 8/30/2023 2 Design Contractual Services $109,029.33 1/1/2016 8/30/2023 3 Construction Contractual Services $1,623,597.67 1/1/2016 8/30/2023 Total: $1,748,751.00 69 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment 5-A The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 21.5.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient. regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirementsof this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA).via the internet at www.cfda.gov 70 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.mvflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specs any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes: In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: 71 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPS in RleAudit(a,dep. state. fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit a,dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 72 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 73 EXHIBIT —1 s Agreement Consist of the Following: State Appropriation Category State Appropriation Category First Compliance requirement: i.e.: (what services of purposes resources must be used for) Funding Amount 69 U First Compliance requirement: i.e.: (what services of purposes resources must be used for) Fundin_ Amount 64 U W CFDA Title W Federal Program A CFDA Title Federal Program B Federal Resources Awarded to the Recipient Pursuant to thi CFDA Number CFDA Number Federal Agency Federal Agency Federal Program A Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. U First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) U U W W W Federal Program A Federal Program B 'ursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: State Appropriation Category 140126 140126 State Appropriation Category 140126 N_ O yr Funding Amount 140126 Funding Amount Funding Amount $588,421.88 M CFDA Title $151,647.96 N CFDA Title 01 Q Aw U • l s Q A 4. U N: M State Resources Awarded to the Recipient Federal Agency O 000 Federal Agency vi Federal Program A M .—, Federal Program B .--� 69 Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Appropriation Category 140126 140126 140126 140126 N_ O yr 140126 140126 Funding Amount $821,833.00 $588,421.88 M n $151,647.96 N 01 01 ,: • l s 01 N: M N O 000 00 vi 00 M .—, �-• .--� 69 69 :--i 69 59 CSFA Title or Funding Source Description Beach Management Funding Assistance Program Beach Management Funding Assistance Program Beach Management Funding Assistance Program Beach Management Funding Assistance Program Beach Management Funding Assistance Program Beach Management Funding. Assistance Program Beach Management Funding Assistance Program CSFA Number 37.003 O 37.003 37.003 37.003 O 37.003 O O M M State Fiscal Year FY13-14 10 00 O N 00 ^' ,--i p '-. ,--1 00 WI .lam 01r: 4.1 w w w w w State Resources Awarded to the Recipient State Awarding Agency FDEP FDEP FDEP FDEP FDEP FDEP FDEP State Program A Original Amendment 1 Amendment 1 Amendment 1 Amendment 1 Amendment 1 Amendment 1 Total Award 1 $1,748,751.00 / ®kk #.�1 Ek �4/ ; 0 {4 8\/ kr/.§tea til ti cis • '0 0 0 "‹ a E $�� .a\c \) �#�&. 2\� §78<. k.3� §E- � Z b.° a) 92® "0�55: e'EC; « 2 / • /2f 54 .. \ /b.03%6 • )akk\o\ ¥70 u%\/ �� 4) u) § § f / ° © § $ ` 5 % 0.\ ;22 /0•» , o ® 0. e 4-.L. us«. 7 Z. E / \ \ \E2 -.-�� _; co 2 L. ,„9...., 1) e , '0. 0 E 0 % 1-1 \ } §4.\E 2$ \ o/ = \•k2 0©/® \ � ` • c. \ct \ •-f.= L. \/k6.- o z z 0 .7):: \ t § / ƒ / / m o 2 m CA «2 : /8\ {� < 7 z 0 E . a) \2/ \0o to .5 , , ¥ '° «/§ ''. tE •J=\c (%� \�- a0* °ca/ \�) /ƒCA./ 0 o k u .0 § C1.4 'E ggo= «Q�.'-c�-0 c.J2 \ § >) = k \ ¥E�� ZS & •W = 0 ; 1 » . \ ) { $ \ § k &`L a@ \\ \-&- o "0•- ) fie\- 0 GRANT NAME: FDEP-Vero Beach Restoration — Sector 5 GRANT # 191R3 Amendment 1 AMOUNT OF GRANT: $2,778,907.13 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: Eric Charest TELEPHONE: 772-226-1569 1. How long is the grant for? November 30, 2023 Expected Starting Date: November 1, 2019 YES NO . Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 5. Grant match amount required 53.0 % after Federal contribution $1,997,595.61 after Federal contribution 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Local Funding is available in the Restoration Fund, Hurricane Matthew Account - Sector 5, No. 12814472-066510-17001. An estimated 1,030,156.13 Federal contribution includes both FEMA and DEM funding and is included in the total grant amount. Federal contribution will be made through FEMA Project Worksheets (Hurricane Matthew PW #808 and the Hurricane Irma PW #3025). 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed;please attach a schedule.) No No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year [ $ 011.13 Other Salaries & Wages (PT) Third Year $ $ $ $ 012.11 Social Security $ $ $ Fifth Year $ 012.12 Retirement — Contributions $ 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position inc uding benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: CONSENT INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S., Sea Turtle Environmental Specialist SUBJECT: Work Order No. 14:—Morgan & Eklund, Inc. 2020 Beach Profile Monitoring Surveys (SUMMER) DATE: April 7, 2020 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board of County Commissioners (BCC) approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. The contract was renewed for an additional two-year term on October 4, 2018. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The County's Beach Preservation Plan recommends semi-annual beach profile surveys in order to monitor the seasonal, summer and winter, fluctuations of the beach. Proposed Work Order No. 14 provides summer -time countywide hydrographic surveying (beach profile) services for the Sectors 3, 5, and 7 Beach Nourishment Projects and additional surveying to begin a 2020 countywide (22.4 miles) monitoring effort. All onshore and offshore beach profile surveys are conducted along the Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately 40 feet offshore (cross -shore). For project tracking purposes, Work Order No. 14 is divided into four (4) separate tasks. Task 1: Summer 2020 Sector 3 Physical Monitoring Survey (R-15 to R-60, 46 Onshore/Offshore Profile. Lines) Hydrographic surveys of the project area must continue semi-annually to determine the long- term performance of the beach and if infrastructure may be vulnerable to storm damage during years in between recommended beach projects identified in the Beach Preservation Plan. Hydrographic survey data collected from this task is required for the design of the upcoming Nourishment Project. Task 1 includes surveying (approx. 7.5 miles) required to provide baseline 2020 physical monitoring data for the upcoming Sector 3 Beach and Dune Nourishment Project area. Task 1 totals a lump sum amount of $25,210. Page 2 78 2020 Summer Beach Profile Survey BCC Agenda Item April 7, 2020 Task 2: Summer 2020 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines) Sector 5 Beach and Dune Nourishment Project was completed in February 2020. The County is required by the FDEP Permit to monitor the physical changes associated with the nourishment project semi-annually to determine the long-term performance of the project and if infrastructure may be vulnerable to storm damage. Task 2 includes surveying (approx. 4.5 miles) required for the summer semi-annual monitoring of the Sector 5 Beach and Dune Nourishment Project area. Task 2 totals a lump sum amount of $14,835. Task 3: Summer 2020 Sector 7 Physical Monitoring Survey (R-97 to R-108, 12 Onshore/Offshore lines) Hydrographic surveys of the project area must continue semi-annually to determine the long- term performance of the beach and if infrastructure may be vulnerable to storm damage during years in between recommended beach projects identified in the Beach Preservation Plan. Hydrographic survey data collected from this task is required for the design of the upcoming Nourishment Project. Task 3 includes surveying (approx. 2 miles) required for the summer semi- annual monitoring of the Sector 7 Beach Nourishment Project area and for design of the upcoming nourishment project. Task 3 totals a lump sum amount of $6,597.50. Task 4: Summer 2020 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R -109-R to R-119, 20 Onshore/Offshore lines) For the shoreline outside of the Sectors 3, 5, and 7 beach projects, countywide beach profile surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure may be vulnerable to storm damage. The beach profile surveys will then be used to determine appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan, including the upcoming Nourishment Projects. Task 3 includes the remaining countywide (approx. 4 miles) beach profile surveys. Task 4 totals a lump sum amount of $11,065. Please note: The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts semiannual beach profile surveys along the northern 5.6 miles of the County. The District continues to partner with the County and has agreed to provide their certified 2020 beach profile survey data to the County, resulting in a complete 22.4 mile countywide beach profile survey and a combined annual savings of. approximately $30,000 to the County. FUNDING Funding for these tasks comes to a total lump sum fee of $57,707.50. Funding for the individual tasks are as follows: Page 3 2020 Summer Beach Profile Survey 79 BCC Agenda Item April 7, 2020 Task 1: Summer 2020 Sector 3 Physical Monitoring Survey (R-15 to R-60, 46 Onshore/Offshore Profile Lines) Funding for Task 1 is budgeted and available for design of the Sector 3 Beach Nourishment Project area in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Account No. 12814472-066514-17001. Task 1 totals a lump sum amount of $25,210. Task 2: Summer 2020 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore Lines) Funding for Task 2 is budgeted and available for physical monitoring of the Sector 5 Beach Nourishment Project area in the Beach Restoration Fund/ Sector 5 Post -Construction Monitoring, Account No. 12814472-033490-15021. Task 2 totals a lump sum amount of $14,835. Task 3: Summer 2020 Sector 7 Physical Monitoring Survey (R-97 to R-108, 12 Onshore/Offshore lines) Funding for Task 3 is budgeted and available for design of the Sector 7 Beach Nourishment Project area in the Beach Restoration Fund/Sector 7 Beach Renourishment/Hurricane Matthew, Account No. 12814472-066512-17001. Task 3 totals a lump sum amount of $6,597.50. Task 4: Summer 2020 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R -109-R to R-119,.20 Onshore/Offshore lines) ' Funding for Task 4 is budgeted and available for physical monitoring of non -project areas in the Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Task 4 totals a lump sum amount of $11,065. RECOMMENDATION The recommendation of staff is for the BCC to approve Work Order No. 14 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc., in the amount of $57,707.50 and authorize the Chairman to sign two (2) copies of the Work Order on behalf of the County. ATTACHMENT Morgan & Eklund, Inc. WO# 14 Morgan & Eklund, Inc. WO# 14 Scope APPROVED AGENDA ITEM FOR: April 21, 2020 80 Board . of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 2020 Beach Profile Monitoring Surveys (Summer) WORK ORDER NO. 14 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 1605 2018-2020 This Work Order No. 14 is in accordance with the existing AGREEMENT dated October 4, 2016 and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 14 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 14 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the 2020 Beach Profile Monitoring Surveys (Summer); Florida Department of Environmental Protection Reference Monuments R-15 — R- 119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 14; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". 81 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, III, and IV of this Work Order No. 14, for a total lump sum fee of $57,707.50. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 4, 2018 through October 3, 2020. All invoicing shall include Work Order No. 14 (WO 14), Contract Number (1605). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1605 with the COUNTY and as stated in. Section II, III and IV hereon. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2020. 82 OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Morgan and Eklund, Inc. (Signature) (Signature) Susan Adams, Chairman David W. Coggin, Vice -President (Printed name and title) Approved by BCC ATTEST: Jeffrey. R. Smith, Clerk of Court and Witnessed by: Comptroller (Seal) Deputy Clerk. Approved: Jason E, Brown, COUNTY Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy COUNTY Attorney (Signature) 83 Morgan & Eklund, Inc. 4909 US Highway 1 Phone: 772-388-5364 Vero Beach, Florida 32967 Fax: 772-386-3165 April 1, 2020 Indian River County Attn: Mr. Quintin Bergman, M.S. 1801 27th Street Vero Beach, FL 32960 RE: 2020 Summer Semi -Annual Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 Dear Quintin: Morgan & Eklund, Inc. is pleased to provide you with the following proposal to furnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-15 through R-119, a total of 105 profile lines. All data collected will be in accordance with the FDEP-approved Physical Monitoring Plan. Morgan & Eklund, Inc. will provide the. County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. We will also provide FDEP submittal package. The survey will be performed in July/August 2020 with drawings and reports completed in September 2020. In accordance with the scope of work as provided, I estimate our costs to be as follows: I. Summer 2020 Sector 3 (R-15 to R-60, 46 Onshore/Offshore Profile Lines) A. Establish and verify onshore horizontal/vertical survey control Chief Surveyor 2 hours @ $125/hr $ 250.00 Project Surveyor/Manager 8 hours @ $95/hr $ 760.00 Three Man GPS Crew (RTK/GPS) 12 hours @ $165/hr $ 1,980.00 $ 2,990.00 84 B. Upland/onshore profile with RTK/GPS and set hubs on line for nearshore (wading) survey Senior Survey Computer Technician 8 hours @ $85/hr $ 680.00 Field Operations Supervisor 12 hours @ $85/hr $ 1,020.00 Three Man GPS Crew (RTK/GPS) 24 hours @ $165/hr $ 3,960.00 Polaris Beach Vehicle 3 days @ $85/day $ 255.00 $ 5,915.00 C. Wading profiles +3 NAVD88 to -7 NAVD88 Three Man GPS Crew (RTK/GPS) 24 hours @ $165/hr $ 3,960.00 Polaris Beach Vehicle 3 days @ $85/day $ 255.00 $ 4,215.00 D. Offshore profiles -5 NAVD88 to -30 NAVD88 (46 lines) Field Operations Supervisor 2 hours @ $85/hr $ 170.00 Project Surveyor/Manager (Boat Operator) 24 hours @ $95/hr $ 2,280.00 Three Man Survey Crew 20 hours @ $125/hr $ 2,500.00 26' Parker Survey Boat 2 days @ $500/day $ 1,000.00 Trimble RTK 2 days @ $300/day $ 600.00 Motion Compensator 2 days @ $200/day $ 400.00 Digital Fathometer 2 days @ $85/day $ 170.00 85 Hypack Navigation Software & Computer 2 days @ $50/day $ 100.00 $ 7,220.00 E. Data reduction / drafting, FDEP format files and reports (46 lines) Chief Surveyor 2 hours @ $125/hr $ 250.00 Project Surveyor/Manager 20 hours @ $95/hr $ 1,900.00 Senior Survey Computer Technician 32 hours @ $85/hr $ 2,720.00 $ 4,870.00 Total I A-E $ 25,210.00 II. Summer 2020 Sector 5 (R-65 to R-91, 27 Onshore/Offshore Lines) A. Establish and verify onshore horizontal/vertical survey control Chief Surveyor 1.5 hours @ $125/hr $ 187.50 Project Surveyor/Manager 6 hours @ $95/hr $ 570.00 Three Man GPS Crew (RTK/GPS) 8 hours @ $165/hr $ 1,320.00 $ 2,077.50 B. Upland/onshore profile with RTK/GPS and set hubs on line for nearshore (wading) survey Senior Survey Computer Technician 6 hours @ $85/hr $ 510.00 Field Operations Supervisor 8 hours @ $85/hr $ 680.00 Three Man GPS Crew (RTK/GPS) 12 hours @ $165/hr $ 1,980.00 Polaris Beach Vehicle 1.5 days @ $85/day $ 127.50 $ 3,297.50 86 C. Wading profiles +3 NAVD88 to -7 NAVD88 Three Man GPS Crew (RTK/GPS) 12 hours @ $165/hr $ 1,980.00 Polaris Beach Vehicle 1.5 days @ $85/day $ 127.50 1 $ 2,107.50 D. Offshore profiles -5 NAVD88 to -30 NAVD88 (27 lines) Field Operations Supervisor 1 hour @ $85/hr $ 85.00 Project Surveyor/Manager (Boat Operator) 16 hours @ $95/hr $ 1,520.00 Three Man Survey Crew 12 hours @ $125/hr $ 1,500.00 26' Parker Survey Boat 1 day @ $500/day $ 500.00 Trimble RTK 1 day @ $300/day $ 300.00 Motion Compensator 1 day @ $200/day $ 200.00 Digital Fathometer 1 day @ $85/day $ 85.00 Hypack Navigation Software & Computer 1 day @ $50/day $ 50.00 $ 4,240.00 E. Data reduction / drafting, FDEP format files and reports (27 lines) Chief Surveyor 1.5 hours @ $125/hr $ 187.50 Project Surveyor/Manager 12 hours @ $95/hr $ 1,140.00 Senior Survey Computer Technician 21 hours @ $85/hr $ 1,785.00 $ 3,112.50 Total II A-E $ 14,835.00 87 III. Summer 2020 Sector 7 (R-97 to R-108, 12 Onshore/Offshore Lines) A. Establish and verify onshore horizontal/vertical survey control Chief Surveyor 1 hour @ $125/hr $ 125.00 Project Surveyor/Manager 2 hours @ $95/hr $ 190.00 Three Man GPS Crew (RTK/GPS) 3 hours @ $165/hr $ 495.00 $ 810.00 B. Upland/onshore profile with RTK/GPS and set hubs on line for nearshore (wading) survey Senior Survey Computer Technician 2 hours @ $85/hr $ 170.00 Field Operations Supervisor 3 hours @ $85/hr $ 255.00 Three Man GPS Crew (RTK/GPS) 6 hours @ $165/hr $ 990.00 Polaris Beach Vehicle 1 days @ $85/day $ 85.00 $ 1,500.00 C. Wading profiles +3 NAVD88 to -7 NAVD88 Three Man GPS Crew (RTK/GPS) 6 hours @ $165/hr $ 990.00 Polaris Beach Vehicle 1 days @ $85/day $ 85.00 $ 1,075.00 D. Offshore profiles -5 NAVD88 to -30 NAVD88 (12 lines) Field Operations Supervisor 1 hour @ $85/hr $ 85.00 Project Surveyor/Manager (Boat Operator) 6 hours @ $95/hr $ 570.00 88 Three Man Survey Crew 5 hours @ $125/hr $ 625.00 26' Parker Survey Boat .5 day @ $500/day $ 250.00 Trimble RTK .5 day @ $300/day $ 150.00 Motion Compensator .5 day @ $200/day $ 100.00 Digital Fathometer .5 day @ $85/day $ 42.50 Hypack Navigation Software & Computer .5 day @ $50/day $ 25.00 $ 1,847.50 E. Data reduction / drafting, FDEP format files and reports (12 lines) Chief Surveyor 1 hours @ $125/hr $ 125.00 Project Surveyor/Manager 5 hours @ $95/hr $ 475.00 Senior Survey Computer Technician 9 hours @ $85/hr $ 765.00 $ 1,365.00 Total III A-E $ 6,597.50 IV. Summer 2020 Countywide (R-61 to R-64, R-92 to R-96, and R-109 to R-119, 20 Onshore/Offshore Lines) A. Establish and verify onshore horizontal/vertical survey control Chief Surveyor 1 hour @ $125/hr $ 125.00 Project Surveyor/Manager 4 hours @ $95/hr $ 380.00 Three Man GPS Crew (RTK/GPS) 6 hours @ $165/hr $ 990.00 $ 1,495.00 89 B. Upland/onshore profile with RTK/GPS and set hubs on line for nearshore (wading) survey Senior Survey Computer Technician 2 hours @ $85/hr $ 170.00 Field Operations Supervisor 4 hours @ $85/hr $ 340.00 Three Man GPS Crew (RTK/GPS) 10 hours @ $165/hr $ 1,650.00 Polaris Beach Vehicle 1 days @ $85/day $ 85.00 $ 2,245.00 C. Wading profiles +3 NAVD88 to -7 NAVD88 Three Man GPS Crew (RTK/GPS) 10 hours @ $165/hr $ 1,650.00 Polaris Beach Vehicle 1 days @ $85/day $ 85.00 $ 1,735.00 D. Offshore profiles -5 NAVD88 to -30 NAVD88 (20 lines) Field Operations Supervisor 1 hour @ $85/hr $ 85.00 Project Surveyor/Manager (Boat Operator) 11 hours @ $95/hr $ 1,045.00 Three Man Survey Crew 10 hours @ $125/hr $ 1,250.00 26' Parker Survey Boat 1 day @ $500/day $ 500.00 Trimble RTK 1 day @ $300/day $ 300.00 Motion Compensator 1 day @ $200/day $ 200.00 Digital Fathometer 1 day @ $85/day $ 85.00 90 Hypack Navigation Software & Computer 1 day @ $50/day $ 50.00 $ 3,515.00 E. Data reduction / drafting, FDEP format files and reports (20 lines) Chief Surveyor 1 hours @ $125/hr $ 125.00 Project Surveyor/Manager 8 hours @ $95/hr $ 760.00 Senior Survey Computer Technician 14 hours @ $85/hr $ 1,190.00 $ 2,075.00 Total IV A-E $ 11,065.00 TOTAL COST I-IV $ 57,707.50 As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River County on this project. Sincerely, r—DocuSigned by. `— 4D7733659248422... Robert Mulcahy CEO DWC:dmc Billing: project will be invoiced monthly 91 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Replacement Page 8.G. CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully,P.E. Stormwater Engineer H/k/i/f SUBJECT: Approval of Change Order No. 1 to Work Order No. 2 with GK Environmental, Inc. for Shallow Marsh #2 Landscaping Services at Osprey Acres Floway and Nature Preserve DATE: April 15, 2020 DESCRIPTION AND CONDITIONS As of August 1, 2019, Public Works banned the use of products containing Glyphosate for all Public Works managed and maintained facilities, properties, and projects. Work Order No. 2 with GK Environmental, Inc. had been entered into prior to that date and a portion of the Work Order included exotic elimination within an area of Osprey Acres Floway and Nature Preserve known as Shallow Marsh #2. Switching to a non- Gylphosate based herbicide increases the monthly exotic control by $100/month. The purpose of this agenda item is to approve Change Order No. 1 to Work Order No. 2, to reimburse the consultant for the increased monthly herbicide cost. The new annual cost will be $18,000 ($1,500 per month). FUNDING Funding of the proposed Work Order will be provided from Transportation Fund/Stormwater/Other Contractual Services/Osprey Acres, Acct# 11128138-033490-16022. RECOMMENDATION Staff recommends the Board Approve Change Order No. 1 to Work Order No. 2, executed by GK Environmental, Inc., and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS Change Order No. 1 to Work Order No. 2 Attachment to Change Order No. 1 DISTRIBUTION Jennifer Hyde, Purchasing Division Kristin Daniels, Budget Department William K. DeBraal, Deputy County Attorney APPROVED AGENDA ITEM FOR APRIL 21, 2020 Replacement p. 92 C:\ Granicus\Legistar5\L5\Temp\ded88859-0f6f-4fed-8fee-edc04elce913.doc Change Order 1 to Work Order 2 Change Order No. 1 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR GK ENVIRONMENTAL, INC. Project: OSPREY ACRES - WORK ORDER NO. 2 — Shallow Marsh #2 Landscaping Services at Osprey Acres Floway and Nature Preserve You are directed to make the following changes in Work Order No. 2, dated October 23, 2018: Description: Discontinue use of Garton (which contains Glyphosate), in Osprey Acres' Shallow Marsh#2 and replace with a non -Glyphosate herbicide for exotic plant control. Reason for Change Order: Indian River County no longer allows Glyphosate herbicide to be used on County property. Attachments: See attached email from GK Environmental requesting the change CHANGE IN WORK ORDER PRICE: Description Amount Original Work Order Price $125,119.12 Net Increase (Decrease) from previous Change Orders: $zero Work Order prior to this Change Order: $125,119.12 Net increase {Decrease) of $1,200.00 this Change Order: Contract Price with all approved Change Orders: $126,319.12 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES THIS SECTION IS NOT APPLICABLE Description Time Original Contract Time: impletion - {days or dates) Orders No. to €inal Completion : felays) Order: Final Completion: {days or dates) Net increase (decrease) this Change Order: €mal -Completion - fes) Change Orders: l-C {days or dates) RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: 93 ATTACHMENT TO GKE WORK ORDER NO. 2 - CHANGE ORDER 1 Keith McCuIIy From: George Kulczycki <gke@me.com> Sent: Tuesday, February 4, 2020 6:16 PM To: Keith McCully Cc: George. Kulczycki Subject: chemical increase due to Garton prohibition / Shallow Marsh & Egret Marsh CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Keith, Per our discussion, due to the county requirement to stop use of Garton in 2018, we have changed chemicals as requested, which have increased the cost $100 per event. The new chemical is significantly more expensive. This was not contemplated in the original contracts with Shallow Marsh, which were completed in 2018. I will check the Egret Marsh file to see if that revised proposal included the price increase. Thanks, George George R. Kulczycki G.K. Environmental, Inc. 155 McKee Lane Vero Beach, FL 32960 Phone: (772)567-9129 Email: gke@me.com INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM CONSENT TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: April 14, 2020 SUBJECT: Approval of Resolution Adopting the 2020 Indian River County Emergency Plan for Hazardous Materials. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On September 10, 2019 the county commission approved the 2019/2020 State Funded Subgrant Agreement to update Indian River County's Hazards Analysis. The agreement provided adequate funding for the Emergency Management Division to review and modify our Indian River County Emergency Plan for Hazardous Materials. The updated plan was submitted to the Florida Division of Emergency Management for review. The submitted plan, consisting of over 800 pages, is measured against compliance criteria established by provisions of Section 303 (g) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and administrative rulings by the State Emergency Response Commission. Per our agreement, the plan is reviewed annually. Currently, Indian River County has 28 facilities that meet the threshold of SARA reporting and review by the Emergency Management Division. On February 25, 2020, the Emergency Management Division was notified by the Florida Division of Emergency Management that our modifications meet the criteria outlined in our Scope of Work and is therefore approved. The Board of County Commissioners' adoption of this plan finalizes the grant agreement between Indian River County and the Department of Community Affairs/Division of Emergency Management. FUNDING: This was a 100% funded agreement to update the county's hazards analysis and review/update the Indian River County Emergency Plan for Hazardous Materials. No match was required by Indian River County. RECOMMENDATION: Staff recommends approval of the attached Resolution and the 2020 Indian River County Emergency Plan for Hazardous Materials. 95 ATTACHMENTS: 1. Resolution approving 2020 Indian River County Emergency Plan for Hazardous Materials. , **Due to its size, the 2020 Plan is on file at the Department of Emergency Services and the Board of County Commissioners Office.** 96 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AND ADOPTING THE INDIAN RIVER COUNTY HAZARDOUS MATERIALS EMERGENCY PLAN WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response and recovery; and WHEREAS, with the enactment of the Emergency Planning and Community Right -To -Know Act of 1986, Congress imposed upon Local Emergency Planning Committees and local governments additional planning and preparedness requirements for response to emergencies involving the release of hazardous materials; and WHEREAS, each county within a Local Emergency Planning District is required to develop an Emergency Response Plan for Hazardous Materials to become a component part of the local Emergency Planning District Plan; and WHEREAS, Indian River County's Hazardous Materials Emergency Plan has been reviewed and approved by the Florida State Emergency Response Commission for Hazardous Materials as meeting the criteria for such plans established by the Administrator, United States Environmental Protection Agency and the National Response Team; and WHEREAS, this plan is intended to provide the, framework for the development of detailed operating procedures by first response public safety agencies charged with the responsibility of protecting the public's health and safety from the discharge or release of extremely toxic chemicals. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Indian River County's Hazardous Materials Plan is hereby approved and adopted. 97 The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chair thereupon declared the Resolution duly passed and adopted this day of , 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Susan Adams, Chairman Approved: Approved as to Form and legal sufficiency: Jason E. Brown County Administrator William K. DeBraal Deputy County Attorney 98 ia INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 10, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator FROM: Jennifer Hyde, Purchasing Manager Kristin Daniels, Director, Office of Management and Budget SUBJECT: Ranking of Firms and Approval of Agreement — RFP 2020014 - Agent/Brokers, Self -Insurance Funds and Direct Writing Insurers for Property and Casualty Insurance BACKGROUND: On behalf of the Risk Management Division, Requests for Proposals (RFPs) were solicited for property and casualty insurance broker services. The term of the current agreement for these services with Arthur J. Gallagher Risk Management Services, Inc. (AJG) expires on April 30, 2020. The term of the new agreement is one year, with three additional one year renewals available. RFP RESULTS: Advertising Date: RFP Opening Date: Solicitation Broadcast to: November 2, 2019 December 3, 2019 321 Subscribers RFP Documents Requested by:24 Firms Replies: 5 Firms ANALYSIS: A selection committee comprised of Beth Martin, Risk Manager, Kristin Daniels, CGFO, Director, Office of Management and Budget, and Elissa Nagy, Finance Director independently evaluated and scored the received proposals in accordance with the RFP document and Purchasing Manual. Evaluation criteria included qualifications and fee schedule. These scores were compiled by the committee and an overall initial ranking of firms developed. Technical review and analysis of the proposals was then provided by the County's insurance and risk management consultant, Siver Insurance Consultants. The two top ranked brokers were invited to submit Request for Submittals for Insurance Coverages ("RFS"), with markets assigned by Siver. These subsequent submittals were reviewed and ranked by individual committee members, with a final ranking of firms developed. Siver again provided technical review and analysis after that ranking was established and the committee declared the ranking of firms final, as presented in the following table. 99 *Jallad was determined by the committee to not meet minimum requirements Since the inception of the modified self-insurance program in 1989, the County has marketed both broker services and insurance carriers every five to six years in order to assure the most cost-effective protection for the County's assets. Rates for insurance are based upon property values which are obtained based upon historic costs, age, construction type, location and a myriad of other variables. Those property values should be as reliable as possible to assure that adequate insurance canrespond in the event of a loss. In the past year, the County issued a purchase order to CBIZ Valuation Group, LLC ("CBIZ") to conduct an independent appraisal of all County buildings with a value over $100,000.00. This task had last been completed ten (10) years ago, with the County relying on construction costs and inflation factors to project annual needs. With the new valuation, we experienced a 48% increase due to construction and renovation costs in the previous decade. Unfortunately, the increase in overall property values has led to a premium increase. This sharp increase in values, however, provides the County with the ability not only to insure for the true replacement value of its assets but also to have confidence that it is adequately insured in the event of loss. In its response to the RFS, AJG presented two options for Property insurance, with the second, Option 2, offering an innovative, cost-saving property insurance program which separates non-utility assets, insured through a conventional layered insurance program as the County has historically purchased, and a utility assets standalone program. By identifying these risks separately, the County not only has a cost savings but also increases total overall limits and Named Storm limits in the event of a catastrophic Toss. Option 2 provides a cost savings of $346,269 when compared to the 2020 renewal option with no changes. Unfortunately, based upon the difficult market, all renewal options include increased costs when compared to the 2019 premiums. This increase in a significantly hard property insurance market could have been even more impactful if Gallagher had not devised a proposal to separate the utilityassets from non-utility assets. Staff, supported by Siver, recommends the Gallagher Option 2 is most like the County's current program. While it separates utility assets from non-utility assets to obtain an overall 3.92% rate decrease, the recent property appraisal's resulting increased overall values have led to the premium increase. Of great importance in the consideration to recommend Option 2 is the fact that both the Gallagher Option 1 and Public Risk Insurance Advisors (PRIA) place the County's property insurance in pools, not insurance carriers. Those pools share their overall limits with all of their participating members and in the event of catastrophic loss, such as a major hurricane, if losses exceed the pools' capacities, members will be paid based on their pro rata share of the pool. This sharingpresents important potential increased risk. If the County is one of the smaller pool members, it will receive a smaller share of the Toss, and if a major hurricane strikes, all pool members will be subject to claims for the finite pool limit. For example, Gallagher Option 1 is the least expensive but also the riskiest, with up to 30 pool members sharing a loss limit now held solely by the County. The PRIA option would have the County sharing limits with other Florida governments, including some in South Florida who are equally hurricane prone. Staff is of the opinion that the decrease in cost, currently does not outweigh 100 Proposing Firm Location 1. Arthur J. Gallagher Risk Management Services, Inc. Orlando 2. Public Risk Insurance Advisors (PRIA) Daytona Beach 3. Alliant Insurance Services, Inc. Lake Mary 4. Halifax-Acentria Public Risk Daytona Beach S. *ISU Jallad Insurance Services Maitland *Jallad was determined by the committee to not meet minimum requirements Since the inception of the modified self-insurance program in 1989, the County has marketed both broker services and insurance carriers every five to six years in order to assure the most cost-effective protection for the County's assets. Rates for insurance are based upon property values which are obtained based upon historic costs, age, construction type, location and a myriad of other variables. Those property values should be as reliable as possible to assure that adequate insurance canrespond in the event of a loss. In the past year, the County issued a purchase order to CBIZ Valuation Group, LLC ("CBIZ") to conduct an independent appraisal of all County buildings with a value over $100,000.00. This task had last been completed ten (10) years ago, with the County relying on construction costs and inflation factors to project annual needs. With the new valuation, we experienced a 48% increase due to construction and renovation costs in the previous decade. Unfortunately, the increase in overall property values has led to a premium increase. This sharp increase in values, however, provides the County with the ability not only to insure for the true replacement value of its assets but also to have confidence that it is adequately insured in the event of loss. In its response to the RFS, AJG presented two options for Property insurance, with the second, Option 2, offering an innovative, cost-saving property insurance program which separates non-utility assets, insured through a conventional layered insurance program as the County has historically purchased, and a utility assets standalone program. By identifying these risks separately, the County not only has a cost savings but also increases total overall limits and Named Storm limits in the event of a catastrophic Toss. Option 2 provides a cost savings of $346,269 when compared to the 2020 renewal option with no changes. Unfortunately, based upon the difficult market, all renewal options include increased costs when compared to the 2019 premiums. This increase in a significantly hard property insurance market could have been even more impactful if Gallagher had not devised a proposal to separate the utilityassets from non-utility assets. Staff, supported by Siver, recommends the Gallagher Option 2 is most like the County's current program. While it separates utility assets from non-utility assets to obtain an overall 3.92% rate decrease, the recent property appraisal's resulting increased overall values have led to the premium increase. Of great importance in the consideration to recommend Option 2 is the fact that both the Gallagher Option 1 and Public Risk Insurance Advisors (PRIA) place the County's property insurance in pools, not insurance carriers. Those pools share their overall limits with all of their participating members and in the event of catastrophic loss, such as a major hurricane, if losses exceed the pools' capacities, members will be paid based on their pro rata share of the pool. This sharingpresents important potential increased risk. If the County is one of the smaller pool members, it will receive a smaller share of the Toss, and if a major hurricane strikes, all pool members will be subject to claims for the finite pool limit. For example, Gallagher Option 1 is the least expensive but also the riskiest, with up to 30 pool members sharing a loss limit now held solely by the County. The PRIA option would have the County sharing limits with other Florida governments, including some in South Florida who are equally hurricane prone. Staff is of the opinion that the decrease in cost, currently does not outweigh 100 the increased risk. This theory may change at some point in the future depending on the County's available funding in the event of a severe economic downturn. FUNDING: The County's property and casualty coverage is funded through the Self Insurance Fund (502). This is an Internal Service fund that is supported by charges to operational funds of the County. The current fiscal year's portion of the proposed premium will be funded from account number 50224613-034590 (Self Insurance Fund - Other Insurance). An increase in funding for the upcoming fiscal year will be necessary to fund the 32.57% in increased premium cost. Because the Self Insurance Fund is supported by all other departments, this increase in cost will be borne County -wide. Property Property Terrorism Equipment Breakdown Inland Marine / Misc. Equipment Expiring AJG $1,326,990 $26,535 $10,742 $67,193 Crime Total Property $5,005 $1,436,465 AJG Option 1 AJG Option 2 PRIA $1,691,315 $1,876,307 $1,707,285 $21,308 $21,308 included $9,311 $9,311 included $74,954 $74,954 $47,342 $5,005 $5,005 $6,505 $1,801,893 $1,986,885 $1,761,132 Excess GL, Law, E&O, Auto* Cyber Liability Watercraft Total Liability Expiring AJG $151,000 $27,522 $7,808 $186,330 AJG Option 1 AJG Option 2 PRIA $161,750 $161,750 $197,517 $24,458 $24,458 $19,243 $7,390 $7,390 $7,255 $193,598 $193,598 $224,015 Excess Workers' Compensation TOTAL $171,468 $1,794,263 Difference from Expiring % Change from Expiring Annual Flat Broker Fee $175,000 $198,202 $198,202 $258,053 ' $2,193,693 $2,378,685 $2,243,200 $399,430 $584,422 $448,937 22.26% 32.57% 25.02% $175,000 $175,000 $95,000 *Comments: For comparison purposes, the expiring and proposed Arthur J. Gallagher premiums did not include a premium for liability terrorism coverage because the RFP did not request that coverage and Public Risk Insurance Advisor's proposal did not include it. The proposed premium for liability terrorism offered by Arthur J. Gallagher is $14,607 and has been added to the total property terrorism premium listed above. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking of firms and award the property and casualty insurance brokerage services to Arthur J. Gallagher Risk Management Services, Inc., and approve the selection of their proposed option 2. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT: Sample Agreement 101 Sample Agreement THIS AGREEMENT ("Agreement") is made and entered into by and between: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida (hereinafter, "COUNTY,") and Arthur J. Gallagher Risk Management Services, Inc. (hereinafter, `BROKER"). WHEREAS, COUNTY issued a Request for Proposals and addenda, identified as RFP 2020014 (hereinafter collectively "RFP"), which is incorporated by reference herein, for the purpose of receiving submittals for Property and Casualty Insurance Broker Services; and WHEREAS, BROKER offered a response to RFP 2020014 (hereinafter "Proposal") and subsequent Request for Submittals for Insurance Coverages (hereinafter "RFS"), which are incorporated by reference herein; and WHEREAS, subsequent to receipt of the Submittal and Proposal by COUNTY, COUNTY and BROKER (hereinafter "the Parties") entered into negotiations, which were memorialized by correspondence or other documents (hereinafter collectively "Negotiations"), which are incorporated by reference herein; and WHEREAS, BROKER desires to provide and COUNTY desires to receive Property and Casualty Insurance Broker Services as described under the terms and conditions of this Agreement. NOW, THEREFORE, IN CONSIDERATION of mutual covenants and conditions set forth herein, the parties agree as follows: ARTICLE 1— RECITALS 1.1 Recitals. The Parties agree that the foregoing recitals are true and correct and that such recitals are incorporated herein by reference. ARTICLE 2—TERM OF AGREEMENT 2.1 Term of Agreement. This Agreement is effective as of 12:01 a.m., May 1, 2020 and will continue until 12:01 a.m., May 1, 2021. The term of the AGREEMENT may, by mutual agreement by COUNTY and BROKER, be extended for up to three additional one-year periods. ARTICLE 3 - COMPENSATION OF BROKER See Attachment B. ARTICLE 4 — GENERAL CONDITIONS 4.1 Scope of Services. See Attachment A. 4.2 Notice of Termination or Adverse Change. 102 4.2.1 Notice by BROKER. BROKER shall give valid written notice to COUNTY at least one hundred and eighty (180) days prior to cancellation, non renewal, or restriction of BROKER's obligations under this Agreement. The written notice of cancellation, non renewal, or restriction of BROKER's obligations under this Agreement shall be delivered by certified mail to: Risk Manager Indian River County Board of County Commissioners 1800 27th Street Vero Beach, FL 32960 4.2.2 Notice by COUNTY. This Agreement may be canceled at any time at the request of COUNTY with thirty (30) days prior written notice to BROKER stating when thereafter cancellation is to be effective. 4.2.3 Refund of Fees After Termination. In the event of termination of this Agreement for whatever reason, the earned fees shall be computed on a pro rata basis without penalty and BROKER shall refund to COUNTY the excess of paid fees or other consideration that were received by BROKER within thirty (30) days from the date of termination. 4.2.4 TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: BROKER certifies that it and those related entities of BROKER as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, BROKER certifies that it and those related entities of BROKER as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if BROKER is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUNTY may terminate this Contract if BROKER, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 4.3 Agreement — Document Priority. In the event of a conflict among the terms of this Agreement, the RFP and BROKER's responses to the RFP and RFS, this agreement shall prevail. 4.4 Hold Harmless/Indemnification. 4.4.1 BROKER agrees to indemnify, hold harmless and defend COUNTY, its agents, officers, elected officials, and employees from any and all claims, judgments, costs, and expenses including, but not limited to, reasonable attorney's fees, reasonable investigative and discovery costs, court costs and all other sums which COUNTY, their agents, officers, elected officials and employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim 103 or action founded thereon, arising or alleged to have arisen out of the products, goods or services furnished by BROKER, its agents, servants or employees; the equipment of BROKER, its agents, servants or employees while such equipment is on premises owned or controlled by COUNTY; or the negligence or other culpability of BROKER or the negligence or other culpability of BROKER's agents when acting within the scope of their employment, whether such claims, judgments, costs and expenses be for damages, damage to property including COUNTY's property, and injury or death of any person whether employed by BROKER, COUNTY or otherwise. 4.4.2 BROKER agrees that BROKER's obligation to hold harmless and defend an indemnitee under Section 4.4 with respect to a claim, judgment, cost, or expense resulting from bodily injury, personal injury, or damage to tangible property, caused in whole or in part by BROKER, its agents, servants or employees, shall apply whether or not the claim, judgment, cost, or expense is due to or caused in part by the negligence or other culpability of the indemnitee, excluding only the sole negligence or other sole culpability of the indemnitee. 4.4.3 Any remedy provided to an indemnitee by this Section 4.4 shall be in addition to and not in lieu of any other remedy available to the indemnitee under this Agreement or otherwise. 4.5 BROKER Insurance Requirements. 4.5.1 Evidence of Insurance. 4.5.1.1 Certificate of Insurance. BROKER shall furnish COUNTY with a fully completed satisfactory Certificate of Insurance such as a standard ACORD Certificate of Liability Insurance (ACORD Form 25) or other evidence satisfactory to COUNTY, signed by an authorized representative of the insurer(s) providing all of the coverages required herein. 4.5.1.2 Additional Insured Endorsement. In addition, as evidence of the required Additional Insured status for COUNTY on the Commercial General Liability insurance, BROKER shall furnish COUNTY with a copy of the actual additional insured endorsement as issued on the policy, signed by an authorized representative of the insurer(s), verifying inclusion of COUNTY, its agents, officers, elected officials, and employees as Additional Insureds in the Commercial General Liability coverage. 4.5.1.3 Notice of Cancellation. All policies of insurance providing the insurance required under this Section 4.5, must be endorsed to provide that COUNTY shall be given no less than thirty (30) days' prior written notice prior to any cancellation of such policies. In addition, BROKER shall furnish COUNTY with copies of the actual endorsements, as issued on the policies and signed by an authorized representative of the insurer(s), providing that the required notice of cancellation will be provided to COUNTY. 4.5.1.4 Renewal/Replacement Evidence. Until such time as the insurance is no longer required to be maintained by BROKER, BROKER shall provide COUNTY with renewal or replacement evidence of the insurance in the manner heretofore described no less than thirty (30) days before the expiration or termination of the insurance for which previous evidence of insurance has been provided. 4.5.1.5 Copies of Policies. Notwithstanding the prior submission of a Certificate of Insurance, copy of endorsement, or other evidence initially acceptable to COUNTY, if requested by COUNTY, BROKER shall, within thirty (30) days after receipt of a written request from COUNTY, provide COUNTY with a certified copy or certified copies of the policy or policies providing the coverage required by this Section 4.5. 104 BROKER may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required by Section 4.5. 4.5.2 Qualification of BROKER's Insurers. 4.5.2.1 Insurers providing the insurance required by this Agreement for BROKER must either be: (1) authorized by a subsisting certificate of authority issued by the State of Florida to transact insurance in the State of Florida, or (2) except with respect to coverage for the liability imposed by the Florida Workers' Compensation Act, an eligible surplus lines insurer under Florida Statutes. 4.5.2.2 In addition, each such insurer shall have and maintain throughout the period for which coverage is required, a Best's Rating of "A-" or better and a Financial Size Category of "VH" or better according to A. M. Best Company. 4.5.2.3 If, during the period when an insurer is providing the insurance required by this Agreement, an insurer shall fail to comply with the foregoing minimum requirements, as soon as BROKER has knowledge of any such failure, BROKER shall immediately notify COUNTY and immediately replace the insurance provided by the insurer with an insurer meeting the requirements. Until BROKER has replaced the unacceptable insurer with an insurer acceptable to COUNTY, BROKER shall be in default of this Agreement. 4.5.3 Description of BROKER Required Insurance. 4.5.3.1 Workers' Compensation and Employer's Liability Insurance. Such insurance shall be no more restrictive than that provided by the Standard Workers' Compensation Policy, as filed for use in Florida by the National Board on Compensation Insurance, without restrictive endorsements other than those which are required by the State of Florida. The minimum amount of coverage (inclusive of any amount provided by an umbrella or excess policy) shall be: Part One: "Statutory" Part Two: $ 1,000,000 Each Accident $ 1,000,000 Disease - Policy Limit $ 1,000,000 Disease - Each Employee 4.5.3.2 Commercial General Liability Insurance. Such insurance shall be no more restrictive than that provided by the most recent version of standard Commercial General Liability Form (150 Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements other than those required by ISO or the State of Florida those described below. The coverage may include restrictive endorsements which exclude coverage for liability arising out of: • Mold, fungus, or bacteria • Silica, asbestos or lead • Terrorism • Sexual Molestation The minimum limits (inclusive of amounts provided by an umbrella or excess policy) shall be: $ 2,000,000 General Aggregate 105 $ 2,000,000 $ 2,000,000 $ 2,000,000 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence COUNTY and its members, officers, employees, and agents shall be included as an additional insured on a form no more restrictive than the most recent version of ISO Form CG 20 10 (Additional Insured - Owners, Lessees, or Contractors). 4.5.3.3 Automobile Liability Insurance. Such insurance shall be no more restrictive than that provided by Section II (Liability Coverage) of the most recent version of standard Business Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for liability contractually assumed, and shall cover all owned, non -owned, and hired autos used in connection with the performance of the Contract. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: $ 2,000,000 Each Occurrence - Bodily Injury and Property Damage Combined 4.5.3.4 Professional Liability Insurance. Such insurance shall be on a form acceptable to COUNTY and shall cover BROKER for those sources of liability arising out of the rendering or failure to render professional services in the performance of the services required in the Agreement including any hold harmless and/or indemnification agreement. Coverage must either be on an occurrence basis; or, if on a claims -made basis, the coverage must respond to all claims reported within four years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: $ 5,000,000 Each Claim/Annual Aggregate The Professional Liability Insurance required under this Section may be subject to a deductible not to exceed $25,000 per claim. 4.5.3.5 Cyber and Privacy Liability Insurance. Such insurance shall be on a form acceptable to the COUNTY and shall cover, at a minimum, the following: Data Loss and System Damage Liability, Security Liability, Privacy Liability, and Privacy/Security Breach Response Coverage, including Notification Expenses. Such Cyber Liability coverages must be provided on an occurrence form or, if on a claims made form, the retroactive date must be no later than the first date of this Contract and such claims -made coverage must respond to all claims reported within three years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. The minimum limits (inclusive of any amounts provided by an umbrella or excess policy) shall be: $1,000,000 Each Claim/Annual Aggregate 4.5.4 BROKER's Insurance Primary and Non -Contributory. The insurance provided BROKER Company shall apply on a primary basis to, and shall not require contribution from, any other insurance or self- insurance maintained by COUNTY or its members, officers, employees, and agents. Any insurance, or 106 self-insurance, maintained by COUNTY shall be excess of, and shall not contribute with, the insurance provided by BROKER. 4.5.5 Self -Insurance, Deductibles or Self -Insured Retentions. Except as otherwise specifically authorized in this Agreement, or for which prior written approval has been obtained hereunder, the insurance maintained by BROKER shall apply on a first dollar basis without application of a deductible or self-insured retention. Under limited circumstances, COUNTY may, at their sole discretion, permit the application of a deductible or permit BROKER to self -insure, in whole or in part, one or more of the insurance coverages required by this Agreement. However, no such self-insurance, deductible or self- insured retention will be allowed unless and until BROKER has received prior written approval from COUNTY to use such self-insurance, deductible or self-insured retention. In addition, BROKER shall pay on behalf of COUNTY or COUNTY's member, officer, official or employee any self-insurance, deductible or self-insured retention applicable to a claim against COUNTY or COUNTY's member, officer, official or employee. The agreement by COUNTY to allow the use of any such self-insurance, deductible or self- insured retention shall be subject to periodic review by COUNTY. If, at any time, COUNTY deems that the continued use of the self-insurance, deductible or self-insured retention by AJG should not be permitted, COUNTY may, upon 60 days' written notice to AJG, require AJG to eliminate, replace, or modify the self-insurance, deductible or self-insured retention, at no additional cost to COUNTY, in a manner satisfactory to COUNTY. 4.5.6 BROKER's Insurance as Additional Remedy. Compliance with these insurance requirements shall not limit the liability of BROKER. Any remedy provided to COUNTY by the insurance provided by BROKER shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of BROKER) available to COUNTY under this Agreement or otherwise. 4.5.7 No Waiver by COUNTY Approval/Disapproval. Neither approval nor failure to disapprove insurance furnished by the Company shall relieve the Company from responsibility to provide insurance as required by this Agreement. 4.6 Compliance With Laws, Rules, And Regulations. BROKER is responsible for full and complete compliance with all laws, rules, and regulations, including those of the Florida Department of Financial Services, which may be applicable to it. Failure or inability on the part of BROKER to comply with such laws, rules, and regulations shall not relieve BROKER from its obligation to perform completely in accordance with this Agreement. 4.7 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The BROKER shall comply with Florida's Public Records Law. Specifically, the BROKER shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 107 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the BROKER does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the BROKER or keep and maintain public records required by the County to perform the service. If the BROKER transfers all public records to the County upon completion of the contract, the BROKER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the BROKER keeps and maintains public records upon completion of the contract, the BROKER shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE BROKER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BROKER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the BROKER to comply with these requirements shall be a material breach of this Agreement. 4.8 BROKER Is Independent Contractor. The Parties agree that BROKER is engaged to perform services under this Agreement as an independent contractor, and not as an agent, of COUNTY. 4.9 Entire Agreement. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in, or incorporated by reference in, this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.10 Amendments. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by each Party hereto. 4.11 Waiver. The Parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Any Party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such 1 108 provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 4.12 Governing Law. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. This section will survive the termination of this Agreement regardless of the cause giving rise to such termination. 4.13 No Waiver of Sovereign Immunity. Nothing contained in this Agreement is intended to serve as a waiver of sovereign immunity by COUNTY or any person to which sovereign immunity may be applicable. This section will survive the termination of this. Agreement regardless of the cause giving rise to such termination. 4.14 Non -Discrimination. BROKER shall not discriminate against any person in the performance of the duties, responsibilities and obligations under this Agreement because of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. 4.15 Successors. This Agreement shall be binding upon and shall inure to the benefit of all assigns, transferees and successors in interest of the Parties. 4.16 Assignment. Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by any party without the prior written consent of the other Party. 4.17 Notice. When any of the Parties desire to give notice to the other, such notice must be in writing, sent by.0 S Mail, postage prepaid, addressed to the Party for whom it is intended at the place last specified. The place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving notice: As to COUNTY Ms. Beth Martin Risk Manager Indian River County Board of County Commissioners 1800 27th Street Vero Beach, FL 32960 bmartin@ircgov.com As to BROKER Ms. Erica Connick Arthur J. Gallagher Risk Management Services, Inc. 200 South Orange Avenue, Suite 1350 Orlando, FL 32801 erica connick@aig.com 109 IN WITNESS WHEREOF, COUNTY and BROKER have signed this Agreement in duplicate. One counterpart each has been delivered to COUNTY and BROKER. All portions of the Contract Documents have been signed or identified by COUNTY and BROKER or on their behalf. This Agreement was approved by the Board of County Commissioners on April 21, 2020 and will be effective on May 1, 2020. COUNTY: BROKER: INDIAN RIVER COUNTY Arthur J. Gallagher Risk Management Services, Inc. By: By: Susan Adams, Chairman (BROKER) By: (CORPORATE SEAL) Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Beth Martin, Risk Manager 1800 27th Street Vero Beach, FL 32960 (772) 226-1287 bmartin@ircgov.com Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Erica Connick Arthur J. Gallagher Risk Management Services, Inc. 200 South Orange Avenue, Suite 1350 Orlando, FL 32801 erica connick@ajg.com (If BROKER is a corporation ora partnership, attach evidence of authority to sign.) 110 Attachment A — Scope of Services 111 Attachment B — Compensation to Broker 112 134. Attorney's Matters - 04.21.20 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Susan J. Prado, Assistant County Attorney DATE: April 15, 2020 SUBJECT: Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements — Angela E. Hicks-Rosalia - 66th Avenue, Parcel 124-B Angela E. Hicks-Rosalia is the owner of the parcel of property at 7595 66th Avenue, Vero Beach, Florida 32967, depicted on the aerial photo attached to this memorandum as Exhibit "A". The parcel is a 100 by 100 foot lot approximating 0.23 acres directly abutting the west side of 66th Avenue. The parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. This is a legal non -conforming property. The site is a former citrus grove, and currently a single family grove care takers type home is located upon the site. This house is being used as a rental property and is not within the area of take, however improvements consisting of a potable well are within the area of take. Construction plans call for the County to acquire the following from Ms. Hicks-Rosalia: • Parcel 124-B which is made up of 0.09 acres of right-of-way consisting of a 38.6' X 100' wide strip along :the entire length of the eastern border of the 0.23 acre parcel; Please see the aerial image that depicts the property interest attached hereto. The County's appraisal for Parcel 124-B was performed by Armfield & Wagner. The appraisals assigned Parcel 124-B a value of $3,700. The appraisal did not find any severance damages There is a potable well that will be lost as part of the take. The potable well needs to be relocated in order for the property to continue to be used by Ms. Hicks-Rosalia. The Cost to relocate the well is $1,760. 113 Hicks-Rosalia 66th Ave Parcel 124-B April 15, 2020 Page I2 Ms. Hicks-Rosalia and her attorney negotiated with Bill DeBraal and Susan Prado on the sale of the piece of Right of Way. Staff and Ms. Hicks-Rosalia agreed on the terms of the Agreement for Purchase and Sale of Real Estate that is attached to this memorandum as Exhibit "B". The Agreement terms are: • The County will pay to Ms. Hicks-Rosalia $7,760 for right-of-way parcel 124-B, permanent access easement, and temporary construction easement. • Statutory attorney's fees of $1,339.80 • All costs and expert witness fees of $1,500 • One 14 (fourteen) foot driveway extending from the new edge of pavement to the new right of way line The total settlement cost to the County is $10,599.80 plus the cost of the driveway. An aerial image of Parcel 124-B is attached to this memo. By purchasing the Property in advance of filing a lawsuit, staff is attempting to save on expert witness fees incurred by both the County and Ms. Hicks-Rosalia. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed and mediation is held. Pursuant to state statutes, the County is responsible for reasonable expert witness fees for Ms. Hicks-Rosalia. The County has incurred significant savings by not having to hire our trial witnesses (appraiser, engineer and land planner) and outside counsel. Ms. Hicks-Rosalia is represented by John Evans of the law firm Dill, Evans, and Rhodeback in Sebastian. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for the Hicks-Rosalia property and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding is budgeted and available for this expenditure in Traffic Impact Fees/ District I/ROW/66th Ave/69th Street -85th Street, Account # 10215141-066120-16009. Attachments: Exhibit "A" Aerial Photo Exhibit "B" Agreement to Purchase and Sell Real Estate for right-of-way Parcel 124-B. 114 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND ANGELA E. HICKS-ROSALIA THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2020 , by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Angela E. Hicks-Rosalia ("the Seller") who agree as follows: WHEREAS, Seller owns property located at 7595 66th Avenue, Vero Beach, FL, Vero Beach, Florida. An aerial photo of the Property is attached to this agreement as Exhibit "A", incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 69th Street and 81st Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Seller and offered to purchase a portion of the property, consisting of approximately 0.09 acres of property as depicted on Exhibit "B", and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that parcel of real property located at 7595 66th Avenue, Vero Beach, FL and more specifically described in the legal description attached as Exhibit "B", fee simple, containing 0.09 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $9,099.80 (Nine Thousand and Ninety Nine, 80/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 1 115 2.2 Well. The property uses potable well water. The well is in the area of take. The County has included the price to replace the taking of the well in the purchase price. The price for replacement of said well is based on a quote from a company chosen by the Seller. Said quote is attached hereto as Exhibit "C". 2.3 Attorneys Fees. The attorney's fees are included in the purchase price and come to a grand total of $1,339.80 (One Thousand Three Hundred and Thirty Nine, 80/100 Dollars): This amount is the statutory attorney's fees amount which is 33% (Thirty Three Percent) of the benefit conferred to the Seller. 2. 4 Driveway. During construction of the 66th Avenue project, the County will construct a 14 (fourteen) foot driveway extending from the new edge of pavement to the new right of way line. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Should title defects exist within the time specified the County and Seller may reconvene to discuss the defects in title, and resolution shall be memorialized in writing and shall be deemed an amendment of this Agreement signed by both parties. Should these discussions not result in a resolution within fifteen (15) days from the date of notice to the Seller the County may agree to accept title subject to existing defects and proceed to closing. Should the discussions not result in a resolution within fifteen (15) days from the date of notice to the Seller and the County does not agree to accept title subject to existing defects the Seller or the County may by written notice to the other party terminate this Agreement, whereupon shall be of no further force and effect. Upon agreement of both parties the Curative Period may be extended for up to an additional 90 days. 4. Representations of the Seller. 4.1 Seller represents to the parties to have marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 2 116 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the ClosingDate and thereupon neither the Seller nor p any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 6.3 Non -Ad Valorem. All non -ad valorem assessments for the current year must be deposited into escrow by the Seller at the time of closing. 3 117 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: 4 118 If to Seller: If to County: Angela E. Hicks-Rosalia P.O. Box 442 Wabasso, FL 32970 Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 119 9.10 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74." Initials 6 120 IN WITNESS WHEREOF, the Board has ratified this Agreement to Purchase and Sell Real Estate as of the date below. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency By: Susan Prado Assistant County Attorney Approved: By: Jason E. Brown County Administrator 7 Angela E. Hicks-Rosalia Date 121 GRAPHIC SCALE (1m -sonar) 0.09 ACRES MURPHY -RES d E N O co' 0 Ul . • 0 CO O -D �0CD, CD ,_ p rn p z o> N m D p- OWNE o D MARVIN MARSHA A. 7615 66TH PID 3239060000100 O.R.B. ROPOSE STA. 463+5 465 2' 02' E INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: April 14, 2020 SUBJECT: Approval of Purchase for New EMS Report Writing Software It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. DESCRIPTIONS AND CONDITIONS Staff is seeking the purchase of new report writing software for EMS and Fire reporting from ESO Solutions to replace the currently outdated software platform. The current software is becoming increasingly problematic with the advancing technology over the years. The report writing software is used to write detailed EMS and fire reports, reporting to the State, National and Federal reporting agencies, and for billing purposes. Staff has evaluated ESO Solutions EHR Suite, which will allow us to write and retrieve reports, analytical data for reporting purposes to all the required agencies and for QA/QI to enhance training and providing enhanced services to the community. ESO EHR also allows for better communication with hospitals with the Health Data Exchange. Hospitals will receive enhanced reporting on the patients that are being transported. Indian River County Fire Rescue utilizes a communication application known as TrackEMS to notify the hospitals of an impending arrival. TrackEMS gives vital information and is capable of transferring information directly to the Stroke. and Cardiac teams in the hospital while Fire Rescue personnel are still on scene. ESO incorporates that technology into their software, which will in turn decrease our need for the current cell phone app that is being utilized. In the interest of obtaining and bringing the software online as soon as possible,: staff is requesting the Board waive the requirement for bids for the purchase, subscription and maintenance of the software. 123 FUNDING: Funding for the report writing software is available in the approved FY 2019/2020 budget from the Emergency Services District Funds as follows: ACCOUNT DESCRIPTION ACCOUNT # AMOUNT Emergency Services District/Fire Rescue/Computer Software 11412022-035120 $58,991.10 Recurring expenses will be $57,405 annually, which will be included in the FY 2020/2021 budget request. RECOMMENDATION: Staff recommends the Board waive the requirement for bids for the purchase of new report writing software from ESO Solutions and authorize the Purchasing Division to issue purchase orders to ESO Solutions for the initial purchase, annual subscription, and maintenance and upgrade fees, as funds are approved by the Budget Department. ATTACHMENTS: 1. ESO Solutions Contract 124 MASTER SUBSCRIPTION AND LICENSE AGREEMENT This Master Subscription and License Agreement (this "Agreement') is entered into as of ("Effective Dot?), by and between ESO Solutions, Inc., a Texas corporation having its principal place of business at 11500 Alterra Parkway, Suite 100 Austin, D( 78758, including its controlled subsidiaries, (collectively, "ESO') and Indian River County. Emergency Services District, having its principal place of business at 1801 27th street, Vero Beach Florida, 32960 ('Customer). This Agreement consists of the General Terms & Conditions below and any Addenda (as defined below) executed by the parties, including any attachments to such Addenda. The parties have agreed that ESO will provide Customer certain technologyproducts and/or services and that Customer will pay ESO certain fees. Therefore, in consideration of the covenants, agreements and promises set forth below, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows. GENERAL TERMS AND CONDITIONS 1. DEFINITIONS. Capitalized terms not otherwise defined in this Agreement shall have the meanings below: ' Add -On Software" means any complementary software components or reporting service(s) that ESO makes available to customer through its Licensed Software, Interoperability Software or SaaS. "Addendum" means a writing addressing an order of a specific set of products or services executed by authorized representatives of each party. An Addendum may be (a) a Software Schedule, (b) a Statement of Work, (c) Sales Order, or (d) another writing the parties intend to be incorporated by reference into this Agreement. "AnonymizedData" means Customer Data from which all personally identifiable information has been removed, as well as the names and addresses of Customer and any of its Users and/or Customer's clients (and which, as a consequence, is neither PHI nor identifiable to or by Customer). ' Customer Data' means information, data and other content in electronic form that is submitted, posted, or otherwise transmitted by or on behalf of Customer through the Software. 'Deliverable" means software, report, or other work product created pursuant to a Statement of Work. "Documentation" means user guides, operating manuals, and specifications regarding the Software. 'Feedbackk refers to any suggestion or idea for improving or otherwise modifying ESO's products or services. "Incident -refers to a locked and uploaded record within the system on a per - encounter basis, regardless of the number of patients involved in said individual encounter. ▪ Intellectual Properly' means trade secrets, copyrightable subject matter, patents and patent applications, and other proprietary information, activities, and any ideas, concepts, innovations, inventions and designs. "Interoperability Software" means SaaS that allows Customer to exchange healthcare data with others. For the avoidance of doubt, Interoperability Software does not include Add-on Software or Licensed Software. "Licensed Software" means the executable, object code version of software that ESO provides to Customer for its use and installation on Customer's own equipment. For the avoidance of doubt, Licensed Software does not include Add-on Software, Interoperability Software or SaaS. 'New Version" means any new version of Licensed Software that ESO may from time to time introduce and market generally as a distinct licensed product, as may be indicated by Licensor's designation of a new version number, brand or product. 'Outage" means Customer is unable to access SaaS, or such access is materially delayed, impaired or disrupted, in each case as caused or controlled by ESO. ' Professional Services" means professional services provided by ESO under a Statement of Work. "Protected Health Information" or "PHP shall have the meaning set forth in HIPAA. All references herein to PHI shall be construed to include electronic PHI, or ePHI, as that term is defined by HIPAA. "ReportingSeMces" means, collectively, the different tools or features in the Software allowing Customer to generate compilations of data, including but not limited to ad-hoc reports, analytics, benchmarking or any other reporting tool provided through the Software. "SaaS' means software -as -a -service that ESO hosts (directly or indirectly) for Customer's use. For the avoidance of doubt, SaaS does not include Licensed Software, but does include Add-on Software and Interoperability Software. "Scheduled Downtime" means periods when ESO intentionally interrupts the SaaS for the performance of system maintenance or to otherwise correct service errors. ' Software' means any ESO computer program, programming or modules specified in any Software Schedule or SOW. For the avoidance of doubt, Add- on Software, SaaS, Interoperability Software, and Licensed Software are collectively referred to as Software. ' Software Schedule" refers to an Addendum under which Customer has ordered either Add-on Software, Licensed Software, Interoperability Software or SaaS. "StatementofWork' or 'SOW refers to an Addendum in which Customer has ordered Professional Services or a Deliverable from ESO. "Support Services" means those services described in Exhibit B. ' Third -Party Data" means data not owned by ESO but which is (or access to which is) provided by ESO under a Software Schedule. ▪ Third-PartySeMce" means a service not provided by ESO but which is (or access to which is) offered by ESO in connection with its Software under a Software Schedule or Addendum. "Third -Party Software" means software not owned by ESO but which is (or access to which is) provided by ESO under a Software Schedule or Addendum. ' Use Restrictions" means the restrictions imposed on Customer's use of Software as described in Section 3.3. ' User means any individual who uses the Software on Customer's behalf or through Customer's account or passwords, whether authorized or not. 2. SOFTWARE ORDERS. During the Term, Customer may order Software from ESO by signing an appropriate Software Schedule. Customer's license to Licensed Software and its subscription to SaaS are set forth below. Each such Software Schedule is incorporated herein by reference. 3. LICENSE/SUBSCRIPTION TO SOFTWARE 3.1. Grant of Subscription: SaaS. For SaaS, during the Term Customer may access and use the SaaS and Reporting Services, in such quantities as are set forth on the applicable Software Schedule, subject to Customer's compliance with the Use Restrictions and other limitations contained in this Agreement. 3.2. Grant of License: Licensed Software. For Licensed Software, during the Term ESO hereby grants Customer a limited, non-exclusive, non- transferable, non -assignable, non-sublicensable, revocable license to copy and use the Licensed Software, in such quantities as are set forth on the applicable Software Schedule and as necessary for Customer's internal business purposes, in each case subject to Customer's compliance with the Use Restrictions and other limitations and obligations contained in this Agreement. 3.3. Use Restrictions. Except as provided in this Agreement or as otherwise authorized by ESO, Customer has no right to, and shall not: (a) decompile, reverse engineer, disassemble, print, copy or display the Software or otherwise reduce the Software to a human -perceivable form in whole or in part; (b) publish, release, rent, lease, loan, sell, distribute or transfer the Software to another person or entity; (c) reproduce the Software for the use or benefit of anyone other than Customer; (d) alter, modify or create derivative works based upon the Software either in whole or in part; or (e) use or permit the use of the Software for commercial time-sharing arrangements or providing service bureau, data processing, rental, or other services to any third party (including any affiliate not specifically listed in the applicable Software Schedule). 3.4. Ownership. The rights granted under the provisions of this Agreement do not constitute a sale of the Software. ESO retains all right, title, and interest in and to the Software, including without limitation all software used to provide the Software and all graphics, user interfaces, logos and trademarks reproduced through the Software, except to the limited extent set forth in this Agreement. This Agreement does not grant Customer any intellectual property rights in the Software or any of its components, except to the limited extent that this Agreement specifically sets forth Customer's rights to access, use, or copy the Software during the Term. Customer acknowledges that the Software and its components are protected by copyright and other laws. 3.5. Third -Party Software and Services. ESO neither accepts liability for, nor warrants the functionality, utility, availability, reliability or accuracy of, Third -Party Software or Third -Party Services. The Third -Party Software "EMS1 Academy" and/or "FireRescue1 Academy" and/or "EMS1 & FireRescuelAcademy - Implementation and Configuration" and/or "Learning Management System" and/or "EVALS Implementation" (collectively, "Education") is offered by ESO in collaboration with Lexipol, f/k/a The Praetorian Group. If Customer subscribes to Education, Customer acknowledges and agrees to the terms and conditions of the Praetorian license agreement, located at http://www.praetoriandigital.com/LMS-Master-Service-Agreement, which shall supersede this Agreement as it applies to Customer's use of Education and any Customer Data stored therein. 3.6. Third -Party Data. If Customer (as indicated on an Addendum) elects to license Third -Party Data (e.g., fire codes), then subject to the terms hereof, ESO hereby grants Customer a non-exclusive, non- sublicensable, and non -transferable license during the Term to use such Third -Party Data via the Software solely for Customer's internal purposes. Customer will not (i) allow greater access than that set forth in the applicable Software Schedule, (ii) disclose, release, distribute, or deliver Third -Party Data, or any portion thereof, to any third party (iii) copy, modify, or create derivative works of Third -Party Data, (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Third -Party Data, (v) attempt to output in any form more than 10% of the Third -Party Data or otherwise circumvent the usage limitations included in the Software, (vi) remove any proprietary notices included within Third -Party Data or Software, or (vii) use Third -Party Data in any manner or for any purpose that infringes or otherwise violates any proprietary right of a person, or that violates applicable law. ESO does not warrant the functionality, reliability, accuracy, completeness or utility of, Third -Party Data, or accept any liability therefor. Additional terms and limitations applicable to Third - Party Data may be provided on the applicable Addendum. 3.7. New Versions & Sunset. If ESO releases a New Version of Licensed Software, Customer may elect to receive such New Version, subject to a relicense fee of 75% of the standard price for such new version. All New Versions provided under this Agreement will constitute Licensed Software and be subject to the terms and conditions of this Agreement. ESO may discontinue Support Services for Licensed Software upon 12 months' notice to Customer. 4. HOSTING, SLA & SUPPORT SERVICES 4.1. Hosting & Management. Customer shall be solely responsible for hosting and managing any Licensed Software. ESO shall be responsible for hosting and managing any SaaS. 4.2. Service Level Agreement. If an Outage, excluding Scheduled Downtime (as defined below), results in the service level uptime falling below 99% for three months in any rolling 12 -month period (the "Uptime Commitment'), then Customer may immediately terminate this Agreement, in which case ESO will refund any prepaid, unearned Fees to Customer. This is Customer's sole remedy for ESO's breach of the Uptime Commitment. 4.3. Scheduled Downtime. ESO will provide reasonable notice to the Customer (Software Administrator Contact or otherwise) of Scheduled Downtime (usually at least 72 hours in advance), and will plan Scheduled Downtime to occur during non -peak hours (midnight to 6 a.m. Central Time). Scheduled Downtime shall never constitute a failure of performance or Outage by ESO. 4.4. Support and Updates. During the Term, ESO shall provide to Customer the Support Services, in accordance with Exhibit B, which is incorporated herein by reference. 5. FEES 5.1. Fees. In consideration of the rights granted, Customer agrees to pay ESO the fees for the Software and Professional Services as set forth in the Software Schedule(s) or SOW(s) (collectively, 'Fees"). The Fees are non -cancelable and non-refundable, except as expressly provided herein. Customer shall pay all invoices within 30 days of receipt. 5.2. Third-Partv Payer. If Customer desires to use a third -party to pay some or all of the Fees on behalf of Customer (a "Third-Part,yPayer), then (i) each applicable Addendum will identify such arrangement, (ii) the Third - Party Payer will enter into a written agreement with. ESO regarding such arrangement, (iii) Customer may replace the Third -Party Payer by written notice to ESO (provided that no such change shall be made until the then -current Term's renewal), and (iv) Customer shall remain responsible for payment if the Third -Party Payer does not pay the Fees. 5.3. Uplift on Renewal. Fees for Software, which recur annually, shall increase by 3% each year this Agreement is in effect. 5.4. Taxes and Fees. The Fees are exclusive of all taxes and credit card processing fees, if applicable. Unless and until Customer provides ESO a tax exemption certificate, Customer will be responsible for and will remit (or will promptly reimburse ESO for) all taxes of any kind, including sales, use, duty, customs, withholding, property, value-added, and other similar federal, state or local taxes (other than taxes based on ESO's income) related to this Agreement. 5.5. Appropriation of Funds. If Customer is a city, county or other government entity, Customer will have the right to terminate the Agreement at the end of the Customer's fiscal term if Customer provides evidence that its governing body did not appropriate sufficient funds for the next fiscal year. Notwithstanding the foregoing, this provision shall not excuse Customer from past payment obligations or other Fees earned and unpaid. 5.6. Usage Monitoring. Customer is solely responsible for its own adherence to volume and use limitations indicated on the applicable Software Schedule. ESO may monitor Customer's use of the Software, and if Customer's usage exceeds the level for which Customer has paid in the applicable Software Schedule (an 'Overage'), Customer shall owe ESO the Fee corresponding to such usage level based on the Software Schedule (or if none, ESO's then -current rates). ESO may invoice for Overages immediately. 6. TERM AND TERMINATION 6.1. Term. The term of this Agreement (the 'Tema') shall commence on the Effective Date and continue for the period set forth in the applicable Software Schedule (or, if none, for one year); provided that the Term shall be automatically extended to match the end of the last subscription period or license period of any Software provided hereunder. Thereafter, the Term will renew for successive one-year periods unless written notice is provided at least 60 days prior to the applicable renewal date. 6.2. Termination for Cause. Either party may terminate this Agreement or any individual Software Schedule for the other party's uncured material breach by providing written notice. The breaching party shall have 30 days from receipt to cure such breach to the reasonable satisfaction of the non -breaching party. 6.3. TERMINATION IN REGARDS TO F.S. 287.135. ESO certifies that it and those related entities of ESO as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, ESO certifies that it and those related entities of ESO as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Customer may terminate this Contract if ESO is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by slog 287.135, Florida Statutes. Customer may terminate this Agreement if ESO, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 6.4. Effect of Termination. 6.4.1. If Customer terminates this Agreement or any Software Schedule as a result of ESO's material breach, then to the extent that Customer has prepaid any Fees, ESO shall refund to Customer any prepaid Fees on a pro -rata basis to the extent such Fees are attributable to the period after the latter to occur of the (i) termination date or (ii) the date on which Customer actually ceases use of the Software. 6.4.2. Upon termination of this Agreement or any Software Schedule, Customer shall cease all use of the Software and delete, destroy or return all copies of the Documentation and Licensed Software in its possession or control, except as required by law. Customer shall remain obligated to pay appropriate Fees at ESO's then -current rates if Customer continues to use or access Software after the termination or expiration of this Agreement. If Customer received discounts for any of the two years prior to the date of termination, Customer shall promptly pay ESO's invoice recouping such discounts. 6.4.3. Termination of this Agreement is without prejudice to any other right or remedy and shall not release a party from any liability. 6.5. Delivery of Data. If Customer requests its data within 60 days of expiration or termination of this Agreement, ESO will provide Customer its Customer Data in a searchable .pdf format. Customer acknowledges that ESO is under no obligation to retain Customer Data more than 60 days after expiration or termination of this Agreement. 7. REPRESENTATIONS AND WARRANTIES 7.1. Material Performance of Software. ESO represents and warrants that the Software will perform in material accordance with any Documentation provided by ESO. 7.2. Due Authority. Each party's execution, delivery and performance of this Agreement and each agreement or instrument contemplated by this Agreement has been duly authorized by all necessary corporate or government action. 7.3. Customer Cooperation. Customer agrees to use current operating systems and reasonably and timely cooperate with ESO, including providing ESO reasonable access to its equipment, software and data. 8. DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN SECTION 7, ESO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, TITLE, NON - INFRINGEMENT, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ESO DOES NOT REPRESENT OR WARRANT THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE, OR THAT THE SOFTWARE (X) WILL PERFORM WITHOUT INTERRUPTION OR ERROR, OR (Y) IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7, CUSTOMER ACCEPTS THE SOFTWARE "AS -IS" AND "AS AVAILABLE." 9. CONFIDENTIALITY 9.1. 'Confidential Information" refers to the following items: (a) any document marked "Confidential"; (b) any information orally designated as "Confidential" at the time of disclosure, provided the disclosing party confirms such designation in writing within five business days; (c) the Software and Documentation, whether or not designated confidential; (d) ESO's security controls, policies, procedures, audits, or other information concerning ESO's internal security posture; (e) any other nonpublic, sensitive information reasonably treated as trade secretor otherwise confidential; and (f) Customer Data which does not comprise PHI . Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in the other party's possession at the time of disclosure free of duty of non -disclosure; (ii) is independently developed without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of the receiving party's improper action or inaction; (iv) is approved for release in writing by the disclosing party; or (v) PHI (which shall be governed by the Business Associate Agreement rather than this Section). 9.2. Nondisclosure. Each party shall use Confidential Information of the other party solely to fulfill the terms of this Agreement (the "Pine"). Each party shall (a) ensure that its employees or contractors are bound by confidentiality obligations no less restrictive than those contained herein, and (b) not disclose Confidential Information to any other third party without prior written consent from the disclosing party. Without limiting the generality of the foregoing, the receiving party shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. A receiving party shall promptly notify the disclosing party of any misuse or misappropriation of Confidential Information of which it is aware. 9.3. Termination & Return. With respect to each item of Confidential Information, the obligations of nondisclosure will terminate three years after the date of disclosure; provided that, such obligations related to Confidential Information constituting ESO's trade secrets shall continue so long as such information remains subject to trade secret protection pursuant to applicable law. Upon termination of this Agreement, a party shall return all copies of Confidential Information to the other or certify the destruction thereof. 9.4. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. 9.5. Open Records and Other Laws. Notwithstanding anything in this Section to the contrary, the parties expressly acknowledge that Confidential Information may be disclosed if such Confidential Information is required to be disclosed by law, a lawful public records request, or judicial order, provided that prior to such disclosure, written notice of such required disclosure shall be given promptly and without unreasonable delay by the receiving party in order to give the disclosing party the opportunity to object to the disclosure and/or to seek a protective order. The receiving party shall reasonably cooperate in this effort. In addition, Customer may disclose the contents of this Agreement solely for the purpose of completing its review and approval processes under its local rules, if applicable. 10. INSURANCE Throughout the Term (and for a period of at least three years thereafter for any insurance written on a claims -made form) ESO shall maintain in effect the insurance coverage described below: 10.1. Commercial general liability insurance with a minimum of $1 million per occurrence and $1 million aggregate; 10.2. Commercial automobile liability insurance covering use of all non - owned and hired automobiles with a minimum limit of $1 million for bodily injury and property damage liability; 10.3. Worker's compensation insurance and employer's liability insurance or any alternative plan or coverage as permitted or required by applicable law, with a minimum employer's liability limit of $1 million each accident or disease; and 10.4. Computer processor/computer professional liability insurance (a/k/a technology errors and omissions) covering the liability for financial loss due to error, omission or negligence of ESO, and privacy and network security insurance ("cyber coverage") covering losses arising from a disclosure of confidential information (including PHI) with a combined aggregate amount of $1 million. 11. INDEMNIFICATION 11.1. IP Infringement. Subject to the limitations in Section 12, ESO shall defend and indemnify Customer from any damages, costs, liabilities, expenses (including reasonable attorneys fees) ("Damages') actually incurred or finally adjudicated as to any third -party claim or action alleging that the Software delivered pursuant to this Agreement infringe or misappropriate any third party's patent, copyright, trade secret, or other intellectual property rights enforceable in the applicable jurisdiction (each, an "Indemnified Claim"). If Customer makes an Indemnified Claim under this Section or if ESO determines that an Indemnified Claim may occur, ESO shall at its option: (a) obtain a right for Customer to continue using such Software; (b) modify such Software to make it a non -infringing equivalent or (c) replace such Software with a non -infringing equivalent. If (a), (b), or (c) above are not reasonably practicable, either party may, at its option, terminate the relevant Sjyyre Schedule, in which case ESO will refund any pre -paid Fees on a pro - rata basis for such Software Schedule. Notwithstanding the foregoing, ESO shall have no obligation hereunder for any claim resulting or arising from (x) Customer's breach of this Agreement; (y) modifications made to the Software that were not performed or provided by or on behalf of ESO or (z) the combination, operation or use by Customer (and/or anyone acting on Customer's behalf) of the Software in connection with any other product or service (the combination or joint use of which causes the alleged infringement). This Section 11 states ESO's sole obligation and liability, and Customer's sole remedy, for potential or actual intellectual property infringement by the Software. 11.2. Indemnification Procedures. Upon becoming aware of any matter which is subject to the provisions of Sections 11.1 (a "Claim"), Customer must give prompt written notice of such Claim to ESO, accompanied by copies of any written documentation regarding the Claim received by the Customer. ESO shall compromise or defend, at its own expense and with its own counsel, any such Claim. Customer will have the right, at its option, to participate in the settlement or defense of any such Claim, with its own counsel and at its own expense; provided, however, that ESO will have the right to control such settlement or defense. ESO will not enter into any settlement that imposes any liability or obligation on Customer without the Customer's prior written consent. The parties will cooperate in any such settlement or defense and give each other full access to all relevant information, at ESO's expense. 12. LIMITATION OF LIABILITY 12.1. LIMITATION OF DAMAGES. NEITHER ESO NOR CUSTOMER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING CLAIMS FOR DAMAGES FOR LOST PROFITS, GOODWILL, USE OF MONEY, INTERRUPTED OR IMPAIRED USE OF THE SOFTWARE, AVAILABILITY OF DATA, STOPPAGE OF WORK OR IMPAIRMENT OF OTHER ASSETS RELATING TO THIS AGREEMENT. 12.2. LIMITATION OF LIABILITY. WITH THE EXCEPTION OF SECTION 12.3 (EXCEPTIONS TO THE LIMITATION OF LIABILITY), ESO'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SHALL NOT EXCEED THE FEES PAID BY (OR ON BEHALF OF) CUSTOMER WITHIN THE PRECEDING 12 -MONTH PERIOD UNDER THE APPLICABLE SOFTWARE SCHEDULE OR SOW GIVING RISE TO THE CLAIM. 12.3. JEXCEPTIONS TO LIMITATION OF LIABILITY. NOTWITHSTANDING SECTION 12.2, (A) ESO'S LIABILITY FOR CLAIMS INVOLVING ITS INDEMNIFICATION OBLIGATIONS UNDER SECTION 11 SHALL BE LIMITED TO $500,000, AND (B) ESO'S LIABILITY SHALL BE LIMITED TO THE AMOUNT OF INSURANCE COVERAGE REQUIRED BY SECTION 10 FOR THE FOLLOWING TYPES OF CLAIMS: (I) CLAIMS ARISING FROM ESO'S WILLFUL MISCONDUCT OR CRIMINAL CONDUCT; AND (II) CLAIMS ARISING FROM A BREACH OF CONFIDENTIALITY OBLIGATIONS, INCLUDING A BREACH OF OBLIGATIONS REGARDING PROTECTED HEALTH INFORMATION. 12.4. THE FOREGOING LIMITATIONS, EXCLUSIONS, DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION SHALL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION PERMITTED TO THE FULLEST EXTENT POSSIBLE UNDER SUCH LAW. THE PARTIES AGREE THAT THE LIMITATIONS SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR ESO'S SOFTWARE AND SERVICES TO CUSTOMER, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSES OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. 12.5. THIS SECTION 12 SHALL SURVIVE EXPIRATION OR TERMINATION OF THE AGREEMENT. 13. CUSTOMER DATA & PRIVACY 13.1. Ownership of Data. As between ESO and Customer, all Customer Data shall be owned by Customer. 13.2. Use of Customer Data. Unless it receives Customer's prior written consent, ESO shall not: (a) access, process, or otherwise use Customer Data; and (b) intentionally grant any third -party access to Customer Data, including without limitation ESO's other customers, except subcontractors that are subject to a reasonable nondisclosure agreement or authorized participants in the case of Interoperability Software. Notwithstanding the foregoing, ESO may use and disclose Customer Data to fulfill its obligations under this Agreement or as required by applicable law or legal or governmental authority. ESO shall give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer's expense. 13.3. Anonymized Data. CUSTOMER ACKNOWLEDGES AND AGREES THAT, NOTWITHSTANDING ANY OTHER PROVISION HEREIN, ESO MAY USE ANONYMIZED DATA FOR INTERNAL AND EXTERNAL PURPOSES (INCLUDING BENCHMARKING AND RESEARCH), PROVIDED THAT ESO WILL NOT SELL ANONYMIZED DATA TO THIRD PARTIES FOR COMMERCIAL USE. Without limiting the foregoing, ESO will own all right, title and interest in all Intellectual Property of any aggregated and de -identified reports, summaries, compilations, analysis, statistics or other information derived therefrom. 13.4. Risk of Exposure. Customer acknowledges and agrees that hosting data online involves risks of unauthorized disclosure and that, in accessing and using the SaaS, Customer assumes such risks. Customer has sole responsibility for obtaining, maintaining, and securing its network connections. ESO makes no representations to Customer regarding the reliability, performance or security of any network or provider. 14. FEEDBACK RIGHTS & WORK PRODUCT 14.1. Feedback Rights. ESO does not agree to treat as confidential any Feedback that Customer provides to ESO. Nothing in this Agreement will restrict ESO's right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensation or crediting Customer. Feedback will not constitute Confidential Information, even if it would otherwise qualify as such pursuant to Section 9 (Confidential Information). 14.2. Work Product Ownership. In the event Customer hires ESO to perform Professional Services, ESO alone shall hold all right, title, and interest to all proprietary and intellectual property rights of the Deliverables (including, without limitation, patents, trade secrets, copyrights, and trademarks), as well as title to any copy of software made by or for Customer (if applicable). Customer hereby explicitly acknowledges and agrees that nothing in this Agreement or a separate SOW gives the Customer any right, title, or interest to the intellectual property or proprietary know-how of the Deliverables. 15. GOVERNMENT PROVISIONS 15.1. Compliance with Laws. Both parties shall comply with and give all notices required by all applicable federal, state and local laws, ordinances, rules, regulations and lawful orders of any public authority bearing on use of the Software and the performance of this Agreement 15.2. Business Associate Addendum. The parties agree to the terms of the Business Associate Addendum attached hereto as Exhibit C and incorporated herein by reference. 15.3. Equal Opportunity. The parties shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a), and the posting requirements of 29 CFR Part 471, appendix A to subpart A, if applicable. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. 15.4. Excluded Parties List. ESO agrees to immediately report to Customer if an employee or contractor is listed by a federal agency as debarred, excluded or otherwise ineligible for participation in federally funded health care programs. 16. PHI ACCURACY & COMPLETENESS 16.1. ESO provides the Software to allow Customer (and its respective Users) to enter, document, and disclose Customer Data, and as such, ESO gives no representations or guarantees about the accuracy or 128 completeness of Customer Data (including PHI) entered, uploaded or disclosed through the Software. 16.2. Customer is solely responsible for any decisions or actions taken involving patient care or patient care management, whether those decisions or actions were made or taken using information received through the Software. 17. MISCELLANEOUS 17.1. Independent Contractors. The parties are independent contractors. Neither party is the agent of the other, and neither may make commitments on the other's behalf. The parties agree that no ESO employee or contractor is or will be considered an employee of Customer. 17.2. Notices. Notices provided under this Agreement must be in writing and delivered by (a) certified mail, return receipt requested to a party's principal place of business as forth in the recitals on page 1 of this Agreement, (b) hand delivered, (c) facsimile with receipt of a "Transmission Confirmed" acknowledgment, (d) e-mail to a person designated in writing by the receiving party, or (e) delivery by a reputable overnight carrier service. In the case of delivery by facsimile or e-mail, the notice must be followed by a copy of the notice being delivered by a means provided in (a), (b) or (e). The notice will be deemed given on the day the notice is received. 17.3. Merger Clause. In entering into this Agreement, neither party is relying upon any representations or statements of the other that are not fully' expressed in this Agreement; rather each party is relying on its own judgment and due diligence and expressly disclaims reliance upon any representations or statement not expressly set forth in this Agreement. In the event the. Customer issues a purchase order, letter or any other document addressing the Software or Services to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such writing is for the Customer's internal purposes only, and that any terms, provisions, and conditions contained therein shall in no way modify this Agreement. 17.4. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. If a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 17.5. Subcontracting. Except for training and implementation services related to the Software, neither party may subcontract or delegate its obligations to each other hereunder, nor may it contract with third parties to perform any of its obligations hereunder except as contemplated in this Agreement, without the other party's prior written consent. 17.6. Modifications and Amendments. This Agreement may not be amended except through a written agreement signed by authorized representatives of each party, provided that the Customer agrees that ESO may rely on informal writings (including emails) of Customer's authorized representatives to (i) terminate Software products and services and (ii) approve or ratify rate or tier increases for Software products and services then in use by Customer. 17.7. Force Majeure. No delay, failure, or default will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party's reasonable control (collectively, "Force Majeure"). In such event, however, the delayed party must promptly provide the other party notice of the Force Majeure. The delayed party's time for performance will be excused for the duration of the Force Majeure, but if the event last longer than 30 days, the other party may immediately terminate the applicable Software Schedule. 17.8. Marketing. If requested by ESO, Customer agrees to reasonably cooperate with ESO's preparation and issuance of a public announcement regarding the relationship of the parties. 17.9. Waiver & Breach. Neither party will be deemed to have waived any rights under this Agreement unless it is an explicit written waiver made by an authorized representative. No waiver of a breach of this Agreement will constitute a waiver of any other breach hereof. 17.10. Survival of Terms. Unless otherwise stated, all of ESO's and Customer's respective obligations, representations and warranties under this Agreement which are not, by the expressed terms of this Agreement, fully to be performed while this Agreement is in effect shall survive the termination of this Agreement. 17.11. Ambiguous Terms. This Agreement will not be construed against any party by reason of its preparation. 17.12. Governing Law. This Agreement, any claim dispute or controversy hereunder (a 'Dispute") will be governed by (i) the laws of the State of Florida, or (ii) if Customer is a city, county, municipality or other governmental entity, the law of state where Customer is located, in each case foregoing without regard to its conflicts of law. The UN Convention for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply. In any Dispute, each party will bear its own attorneys' fees and costs and expressly waives any statutory right to attorneys' fees. 17.13. Vendor shall, at all times, comply with the Florida Public Records Law, the Florida Open Meeting Law and all other applicable laws, rules and regulations of the State of Florida. 17.14. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 772-226-1424, Indian River County Office of County Attorney, 1801 27th St, Vero Beach, Florida 32960 or via email at publicrecords@ircgov.com . 17.15. Bench Trial. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute. 17.16. No Class Actions. NEITHER PARTY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER ESO CUSTOMERS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 17.17. Limitation Period. Neither party shall be liable for any claim brought more than two years after the cause of action for such claim first arose. 17.18. Dispute Resolution. Customer and ESO will attempt to resolve any Dispute through negotiation or by utilizing a mediator agreed to by the parties, rather than through litigation. Negotiations and mediations will be treated as confidential. If the parties are unable to reach a resolution within 30 days of notice of the Dispute to the other party, the parties may pursue all other courses of action available at law or in equity. 17.19. Technolo>ry Export. Customer shall not: (a) permit any third party to access or use the Software in violation of any U.S. law or regulation; or (b) export any software provided by ESO or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the Software in, or export such software to, a country subject to a United States embargo (as of the Effective Date - Cuba, Iran, North Korea, Sudan, and Syria). 17.20. Order of Precedence. In the event of any conflict between this Agreement, Addenda or other attachments incorporated herein, the following order of precedence will govern: (1) the General Terms and Conditions; (2) any Business Associate Agreement; (3) the applicable Software Schedule or SOW, with most recent Software Schedule or SOW taking precedence over earlier ones; and (4) any ESO policy posted online, including without limitation its privacy policy. No amendments incorporated into this Agreement after execution of the General Terms and Conditions will amend such General Terms and Conditions unless it specifically states its intent to do so and cites the section or sections amended. 17.21. Counterparts. This Agreement may be executed in one or more counterparts. Each counterpart will be an original, and all such counterparts will constitute a single instrument. 17.22. Signatures. Electronic signatures on this Agreement or on any Addendum (or copies of signatures sent via electronic means) are the equivalent of handwritten signatures. 129 IN WITNESS WHEREOF, the parties have executed this Agreement as of April 21, 2020. ESO Solutions, Inc. Indian River County By: By: (signature) Susan Adams, Chairman Name: By: (print name) Jason Brown, Coun(yAdmlnlstrstor Title: Approved as to Form and Legal Sufficiency: (print title) By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 130 EXHIBIT A-1 SAAS SOFTWARE SCHEDULE (Applications - ESO EHR. ESO Fire. ESO PM. FIREHOUSE Cloud. IFC Codes. EMS1 Academy. FireRescuel Academy. Staff Scheduling. Assets. Inventory. Checklist) 1. The SaaS subscription term shall begin 15 calendar days after the Effective Date ("SaaS Subscription Start Date"). Customer shall be deemed to have accepted the SaaS on the SaaS Subscription Start Date. The parties will make reasonable efforts to ensure that Customer is able to use the SaaS as contemplated as quickly as possible, but in no event will the SaaS Subscription Start Date be modified for implementation delays. 2. The following SaaS may be ordered under this Exhibit: 2.1. ESO Electronic Health Record ("EHR") is a SaaS software application for prehospital patient documentation (htto://www.eso.com/software/ehr). 2.2. ESO Personnel Management ("PM") is a SaaS software application for tracking personnel records, training courses and education history (htto://www.eso.com/software/personnel-management). 2.3. ESO Fire is a SaaS software application for NFIRS reporting (htto://www.eso.com/software/fire). 3. The following Third -Party Data and/or Software may be ordered under this Exhibit: 2018 International Fire Code, 2015 International Fire Code, 2012 International Fire Code, Education (see section 3.5). 4. Third -Party Payer is responsible for the following products and Fees: [INSERT PRODUCTS OR N/A] 5. Customer hereby agrees to timely pay for the following products according to the schedule below: EHR Product 7 G Oiaooun VitD Fee Type ESO EHR Suite EHR CAD Integration EHR Cardiac Monitor Integration EHR Billing Interface EHR Fax EHR Training EHR Training Travel Costs NEMSIS Date Import- one-time EHR CARES Extract 22000 Incidents 22000 Incidents 22000 Incidents 22000 Incidents 22000 Incidents 2 Day i Travel Cast 22030 Incidents 22000 Incidents 534,190.00 ( $2,73520) $31,454.80 Recurring 53,995.00 ( $319.60) $3,675.40 Recurring 51,89500 ( $151.60) $1,743.40 Recurring 5995.00 ( $995.00) 50.00 Recurring 52,70Q 00 ( $2,700.00) 50.00 Recurring 51,990.00 ( $497.50) 51,492.50 Onetime 51,500 00 ($0-00) 51,500.00 Onetime 59,995.00 ( $4,997.50) 54.99750 One-time 5995.00 ( 50.00) $995.00 Recurring Fire Product Cub Discount ZED Fee Type ESO Fire Incidents Fire - Training 6. All the Fees above will be invoiced by ESO as follows: 13 Stations 1 Days 512,635.00 $995.00 (50.00) ($497.50) 512,635.00 Recurring $497.50 Onetime Total Recurring $ 57,405.00 Total One -Time $ 14,480.00 Discounts $ (1.2,893.90) TOTAL $ 58,991.10 131 6.1. Training and Training Travel Fees shall be invoiced on the Effective Date. 6.2. During the first year, 100% of the remaining Fees shall be invoiced on the SaaS Subscription Start Date. 6.3. During the second year and any renewal years thereafter, 100% of the recurring Fees shall be due on the anniversary of the SaaS Subscription Start Date. 132 EXHIBIT A-2 PCHIBIT B SUPPORT SERVICES ADDENDUM 1. DEFINITIONS. Capitalized terms not defined below shall have the same meaning as in the General Terms & Conditions. 1.1. "Enhancement" means a modification, addition or new release of the Software that when added to the Software, materially changes its utility, efficiency, functional capability or application. 1.2. "E-mail Support" means ability to make requests for technical support assistance by e-mail at any time concerning the use of the then -current release of Software. 1.3. "Error" means an error in the Software, which significantly degrades performance of such Software as compared to ESO's then -published Documentation. 1.4. "Error Correction" means the use of reasonable commercial efforts to correct Errors. 1.5. "Fix" means the repair or replacement of object code for the Software or Documentation to remedy an Error. 1.6. "Initial Response" means the first contact by a Support Representative after the incident hasbeen logged and a ticket generated. This may include an automated email response depending on when the incident is first communicated. 1.7. "Management Escalation" means, if the initial. Workaround or Fix does not resolve the Error, notification of management that such Error(s) have been reported and of steps being taken to correct such Error(s). 1.8. "Severity 1 Error" means an Error which renders the Software completely inoperative (e.g., a User cannot access the Software due to unscheduled downtime or an Outage). 1.9. "Severity 2 Error" means an Error in which Software is still operable; however, one or more significant features or functionality are unavailable (e.g., a User cannot access a core component of the Software). 1.1. "Severity 3 Error" means any other error that does not prevent a User from accessing a significant feature of the Software (e.g., User is experiencing latency in reports). 1.2. "Severity 4 Error" means any error related to Documentation or a Customer Enhancement request. 1.3. "Status Update" means if the initial Workaround or Fix cannot resolve the Error, notification of the Customer regarding the progress of the Workaround or Fix. 1.4. "Online Support" means information available through ESO's website (www.eso.com) including frequently asked questions and bug reporting via Live Chat. 1.5. "Support Representative" shall be ESO employee(s) or agent(s) designated to receive Error notifications from Customer, which Customer's Administrator has been unable to resolve. 1.6. "Update" means an update or revision to Software, typically for Error Correction. .1.7. "Upgrade" means a new version or release of Software or a particular component of Software, which improves the functionality or which adds functional capabilities to the Software and is not included in an Update. Upgrades may include Enhancements. 1.8. "Workaround" means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer's use of the Software. 2. SUPPORT SERVICES. 2.1. Customer will provide at least one administrative employee (the "Administrator" or "Administrators") who will handle all requests for first -level support from Customer's employees with respect to the Software. Such support is intended to be the "front line" for support and information about the Software to Customer's Users. ESO will provide training, documentation, and materials to the Administrator to enable the Administrator to provide technical support to Customer's Users. The Administrator will notify a Support Representative of any Errors that the Administrator cannot resolve and assist ESO in information gathering. 2.2. ESO will provide Support Services consisting of (a) Error Correction(s); Enhancements, Updates and Upgrades that ESO, in its discretion, makes generally available to its customers without additional charge; and (c) E-mail Support, telephone support, and Online Support. ESO may use multiple forms of communication for purposes of submitting periodic status reports to Customer, including but not limited to, messages in the Software, 133 messages appearing upon login to the Software or other means of broadcasting Status Update(s) to multiple customers affected by the same Error, such as a customer portal. 2.3. ESO's support desk will be staffed with competent technical consultants who are trained in and thoroughly familiar with the Software and with Customer's applicable configuration. Telephone support and all communications will be delivered in intelligible English. 2.4. Normal business hours for ESO's support desk are Monday through Friday 7:00 am to 7:00 pm CT. Customer will receive a call back from a Support Representative after-hours for a Severity 1 Error. 3. ERROR PRIORITY LEVELS. Customer will report all Errors to ESO via e-mail (support@eso.com) or by telephone (866-766-9471, option #3). ESO shall exercise commercially reasonable efforts to correct any Error reported by Customer in accordance with the priority level reasonably assigned to such Error by ESO. 3.1. Severity 1 Error. ESO shall (i) commence Error Correction promptly; (ii) provide an Initial Response within four hours; (iii) initiate Management Escalation promptly; and (iv) provide Customer with a Status Update within four hours if ESO cannot resolve the Error within four hours. 3.2. Severity 2 Error. ESO shall (i) commence Error Correction promptly; (ii) provide an Initial Response within eight hours; (iii) initiate Management Escalation within 48 hours if unresolved; and (iv) provide Customer with a Status Update within forty-eight hours if ESO cannot resolve the Error within forty-eight hours. 3.3. Severity 3 Error. ESO shall (i) commence Error Correction promptly; (ii) provide an Initial Response within three business days; and (iii) provide Customer with a Status Update within seven calendar days if ESO cannot resolve the Error within seven calendar days. 3.4. Severity 4 Error. ESO shall (i) provide an Initial Response within seven calendar days. 4. CONSULTING SERVICES. If ESO reasonably believes that a problem reported by Customer is not due to an Error in the Software, ESO will so notify Customer. At that time, Customer may request ESO to proceed with a root cause analysis at Customer's expense as set forth herein or in a separate SOW. If ESO agrees to perform the investigation on behalf of Customer, then ESO's then -current and standard consulting rates will apply for all work performed in connection withsuch analysis, plus reasonable related expenses incurred. For the avoidance of doubt, Consulting Services will_ include customized report writing by ESO on behalf of Customer. 5. EXCLUSIONS. 5.1. ESO shall have no obligation to perform Error Corrections or otherwise provide support for: (i) Customer's repairs, maintenance or modifications to the Software (if permitted); (ii) Customer's misapplication or unauthorized use of the Software; (iii) altered or damaged Software not caused by ESO; (iv) any third -party software; (v) hardware issues; (vi) Customer's breach of the Agreement; and (vii) any other causes beyond the ESO's reasonable control. 5.2. ESO shall have no liability for any changes in Customer's hardware or software systems that may be necessary to use the Software due to a Workaround or Fix. 5.3. ESO is not required to perform any Error Correction unless ESO can replicate such Error on its own software and hardware or through remote access to Customer's software and hardware. 5.4. Customer is solely responsible for its selection of hardware, and ESO shall not be responsible the performance of such hardware even if ESO makes recommendations regarding the same. 6. MISCELLANEOUS. The parties acknowledge that from time -to -time ESO may update its support processes specifically addressed in this Exhibit and may do so by posting such updates to ESO's website or otherwise notifying Customer of such updates. Customer will accept updates to ESO's support procedures and any other terms in this Exhibit; provided however, that they do not materially decrease the level of Support Services that Customer will receive from ESO. THESE TERMS AND CONDITIONS DO NOT CONSTITUTE A PRODUCT WARRANTY. THIS EXHIBIT IS AN ADDITIONAL PART OF THE AGREEMENT AND DOES NOT CHANGE OR SUPERSEDE ANY TERM OF THE AGREEMENT EXCEPT TO THE EXTENT UNAMBIGUOUSLY CONTRARY THERETO. 134 EXHIBIT C HIPAA BUSINESS ASSOCIATE ADDENDUM Customer and ESO Solutions, Inc. ("Business Associate") agree that this HIPAA Business Associate Addendum is entered into for the benefit of Customer, which is a covered entity under the Privacy Standards ("Covered Entity"). Pursuant to the Master Subscription and License Agreement (the "Agreement") into which this HIPAA Business Associate Addendum (this "Addendum") has been incorporated, Business Associate may perform functions or activities involving the use and/or disclosure of PHI on behalf of the Covered Entity, and therefore, Business Associate may function as a business associate. Business Associate, therefore, agrees to the following terms and conditions. 1. Scope. This Addendum applies to and is hereby automatically incorporated into all present and future agreements and relationships, whether written, oral or implied, between Covered Entity and Business Associate, pursuant to which PHI is created, maintained, received or transmitted by Business Associate from or on behalf of Covered Entity in any form or medium whatsoever. 2. Definitions. For purposes of this Addendum, the terms used herein, unless otherwise defined, shall have the same meanings as used in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), or the Health Information Technology for Economic and Clinical Health Act ("HITECH"), and any amendments or implementing regulations, (collectively "HIPAA Rules"). 3. Compliance with Applicable Law. The parties acknowledge and agree that, beginning with the relevant effective date, Business Associate shall comply with its obligations under this Addendum and with all obligations of a business associate under HIPAA, HITECH, the HIPAA Rules, and other applicable laws and regulations, as they exist at the time this Addendum is executed and as they are amended, for so long as this Addendum is in place. 4. Permissible Use and Disclosure of PHI. Business Associate may use and disclose PHI as necessary to carry out its duties to a Covered Entity pursuant to the terms of the Agreement and as required by law. Business Associate may also use and disclose PHI (1) for its own proper management and administration, and (ii) to carry out its legal responsibilities. If Business Associate discloses Protected Health Information to a third party for either above reason, prior to making any such disclosure, Business Associate must obtain: (1) reasonable assurances from the receiving party that such PHI will be held confidential and be disclosed only as required by law or for the purposes for which it was disclosed to such receiving party; and (ii) an agreement from such receiving party to immediately notify Business Associate of any known breaches of the confidentiality of the PHI. 5. Limitations on Use and Disclosure of PHI. Business Associate shall not, and shall ensure that its directors, officers, employees, subcontractors, and agents do not, use or disclose PHI in any manner that is not permitted by the Agreement or that would violate Subpart E of 45 C.F.R. 164 ("Privacy Rule") if done by a Covered Entity. AH uses and disclosures of, and requests by, Business Associate for PHI are subject to the minimum necessary rule of the Privacy Rule. 6. Required Safeguards to Protect PHI. Business Associate shall use appropriate safeguards, and comply with Subpart C of 45 C.F.R. Part 164 ("Security Rule") with respect to electronic PHI, to prevent the use or disclosure of PHI other than pursuant to the terms and conditions of this Addendum. 7. Reporting to Covered Entity. Business Associate shall report to the affected Covered Entity without unreasonable delay: (a) any use or disclosure of PHI not provided for by the Agreement of which it becomes aware; (b) any breach of unsecured PHI in accordance with 45 C.F.R. Subpart D of 45 C.F.R. 164 ("Breach Notification Rule"); and (c) any security incident of which it becomes aware. With regard to Security Incidents caused by or occurring to Business Associate, Business Associate shall cooperate with the Covered Entity's investigation, analysis, notification and mitigation activities, and except for Security Incidents caused by Covered Entity, shall be responsible for reasonable costs incurred by the Covered Entity for those activities. Notwithstanding the foregoing, Covered Entity acknowledges and shall be deemed to have received advanced notice from Business Associate that there are routine occurrences of: (i) unsuccessful attempts to penetrate computer networks or services maintained by Business Associate; and (ii) immaterial incidents such as "pinging" or "denial of services" attacks. 8. Mitigation of Harmful Effects. Business Associate agrees to mitigate, to the extent practicable, any harmful effect of a use or disclosure of PHI by Business Associate in violation of the requirements of the Agreement, including, but not limited to, compliance with any state law or contractual data breach requirements. 9. Agreements by Third Parties. Business Associate shall enter into an agreement with any subcontractor of Business Associate that creates, receives, maintains or transmits PHI on behalf of Business Associate. Pursuant to such agreement, the subcontractor shall agree to be bound by the same or greater restrictions, conditions, and requirements that apply to Business Associate under this Addendum with respect to such PHI. 10. Access to PHI. Within five business days of a request by a Covered Entity for access to. PHI about an individual contained in a Designated Record Set, Business Associate shall make available to the Covered Entity such PHI for so long as such information is maintained by Business Associate in the Designated Record Set, as required by 45 C.F.R. 164.524. In the event any individual delivers directly to Business Associate a request for access to PHI, Business Associate shall within five (5) business days forward such request to the Covered Entity. 11. Amendment of PHI. Within five business days of receipt of a request from a Covered Entity for the amendment of an individual's PHI or a record regarding an individual contained in a Designated Record Set (for so long as the PHI is maintained in the Designated Record Set), Business Associate shall provide such information to the Covered Entity for amendment and incorporate any such amendments in the PHI as required by 45 C.F.R. 164.526. In the event any individual delivers directly to Business Associate a request for amendment to PHI, Business Associate shall within five business days forward such request to the Covered Entity. 12. Documentation of Disclosures. Business Associate agrees to document disclosures of PHI and information related to such disclosures as would be required for a Covered Entity to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. 164.528 and HITECH. 135 13. Accounting,of Disclosures. Within five business days of notice by a Covered Entity to Business Associate that it has received a request for an accounting of disclosures of PHI, -Business Associate shall make available to a Covered Entity information to permit the Covered Entity to respond to the request for an accounting of disclosures of PHI, as required by 45 C.F.R. 164.528 and HITECH. 14. Other Obligations. To the extent that Business Associate is to carry out one or more of a Covered Entity's obligations under the Privacy Rule, Business Associate shall comply with such requirements that apply to the Covered Entity in the performance of such obligations. 15. ,Judicial and Administrative Proceedings. In the event Business Associate receives a subpoena, court or administrative order or other discovery request or mandate for release of PHI, the affected Covered Entity shall have the right to control Business Associate's response to such request, provided that, such control does not have an adverse impact on Business Associate's compliance with existing laws. Business Associate shall notify the Covered Entity of the request as soon as reasonably practicable, but in any event within seven business days of receipt of such request. 16. Availability of Books and Records. Business Associate hereby agrees to make its internal practices, books, and records available to the Secretary of the Department of Health and Human Services for purposes of determining compliance with the HIPAA Rules. 17. Breach of Contract by Business Associate. In addition to any other rights a party may have in the Agreement, this Addendum or by operation of law or in equity, either party may: i) immediately terminate the Agreement if the other party has violated a material term of this Addendum; or ii) at the non -breaching party's option, permit the breaching party to cure or end any such violation within the time specified by the non -breaching party. The non -breaching party's option to have cured a breach of this Addendum shall not be construed as a waiver of any other rights the non -breaching party has in the Agreement, this Addendum or by operation of law or in equity. 18. Effect of Termination of Agreement. Upon the termination of the Agreement or this Addendum for any reason, Business Associate shall return to a Covered Entity or, at the Covered Entity's direction, destroy all PHI received from the Covered Entity that Business Associate maintains in any form, recorded on any medium, or stored in any storage system. This provision shall apply to PHI that is in the possession of Business Associate, subcontractors, and agents of Business Associate. Business Associate shall retain no copies of the PHI. Business Associate shall remain bound by the provisions of this Addendum, even after termination of the Agreement or Addendum, until such time as all PHI has been returned or otherwise destroyed as provided in this Section. For the avoidance of doubt, de -identified Customer Data shall not be subject to this provision. 19. Injunctive Relief. Business Associate stipulates that its unauthorized use or disclosure of PHI while performing services pursuant to this Addendum would cause irreparable harm to a Covered Entity, and in such event, the Covered Entity shall be entitled to institute proceedings in any court of competent jurisdiction to obtain damages and injunctive relief. 20. Owner of PHI. Under no circumstances shall Business Associate be deemed in any respect to be the owner of any PHI created or received by Business Associate on behalf of a Covered Entity. 21. Safeguards and Appropriate Use of Protected Health Information. Covered Entity is responsible for implementing appropriate privacy and security safeguards to protect its PHI in compliance with HIPAA. Without limitation, it is Covered Entity's obligation to: 21.1. Not include PHI in information Covered Entity submits to technical support personnel through a technical support request or to community support forums. In addition, Business Associate does not act as, or have the obligations of a Business Associate under the HIPAA Rules with respect to Customer Data once it is sent to or from Covered Entity outside ESO's Software over the public Internet; and 21.2. Implement privacy and security safeguards in the systems, applications, and software Covered Entity controls, configures and connects to ESO's Software. 22. Third Party Rights. The terms of this Addendum do not grant any rights to any parties other than Business Associate and the Covered Entity. 23. Signatures. The signatures to the Agreement (or the document evidencing the parties' adoption thereof) indicate agreement hereto and shall be deemed signatures hereof, whether manual, electronic or facsimile. 136 15-6 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: April 21, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order CCNA2018 No. 7 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the former South Gifford Road Landfill Descriptions and Conditions: In accordance with the requirements by the Florida Department of Environmental Protection (FDEP), the former South Gifford. Road Landfill site requires continual groundwater monitoring activities and required regulatory oversight to show that the County and the Solid Waste Disposal District (SWDD) are proactively taking efforts to remediate the site. FDEP requires submittal of the first 2020 semi-annual groundwater monitoring report no later than July 31, 2020 (to document results of the. summer 2020 sampling event) and the second 2020 semi-annual groundwater monitoring report no later than January 31, 2021 (to document results of the winter 2020 sampling event). Previous sampling, reporting, and remedial events performed by Geosyntec have been completed on schedule and within budget. Pursuant to the Continuing Consulting Engineering Services Agreement for Professional Services from April 17, 2018 (CCNA 2018), staff requested the attached proposal from Geosyntec to provide groundwater monitoring and reporting for an additional one-year period and annual pollution remediation liabilities evaluation. Analysis: Geosyntec's proposal includes two semi-annual monitoring and reporting events for the plume monitoring well network and preparation of an annual pollution remediation liabilities evaluation. Geosyntec's proposal consists of five main tasks as follows: Task Description Budget Task 1: Project Management $5,227 Task 2: Meetings/Regulatory Interaction $5,995 Task 3: Annual Pollution Remediation Liabilities Evaluation $2,668 Task 4: Semi -Annual Sampling Activities $54,844. Task 5: Data Evaluation and Semi -Annual Reporting $18,017 Total $86,751 137 Task 1 includes project planning and management responsibilities. Task 2 includes meeting attendance and interaction with regulatory agencies. Task 3 includes preparation of the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. Task 4 includes field preparation, groundwater sampling, and water level measurements during two groundwater monitoring events. Task 5 includes data evaluation and semi-annual reporting. Funding: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one cent sales tax in addition to infrastructure. Description Account Number Amount One Cent Sales Tax Fund — Infrastructure Needs 31521734-033490-03004 $86,751. Recommendation: Staff recommends that the Solid Waste Disposal District Board approves and authorizes the Chairman to sign CCNA-2018 Work Order Number 7 authorizing Geosyntec Consultants, Inc., to provide groundwater monitoring/reporting and related consulting services for the former. Gifford Road Landfill in compliance with Florida Department of Environmental Protection requirements for a period of one year not -to - exceed fee of $86,751. Attachment: 1. Geosyntec CCNA2018 WO No. 7 138 CCNA2018 WORK ORDER 7 SOUTH GIFFORD ROAD LANDFILL This Work Order Number 7 is entered into as of this 21 day of April , 2020 , pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN. RIVER COUNTY By: fid-- IA) L Yl/ Print Name: Jill Johnson By: Title: Principal BCC Approved Date: , Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney. 139 EXHIBIT A PROFESSIONAL SERVICES engineers 1 scientists 1 innovators 140 Geosyntec° consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321.269.5880 FAX 321.269.5813 www.geosyntec.com 14 April 2020 Subject: Proposal to Provide One Year of Groundwater Monitoring/Reporting and Related Consulting Services Former South Gifford Road Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services for Florida Department of Environmental Protection (FDEP)-required activities associated with continued implementation of the groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida (Site). This fee proposal is based on correspondence with the FDEP and discussions with IRC. As requested by IRC, this fee proposal includes budget to complete two semi-annual monitoring and reporting events for the plume monitoring well network, as well as related consulting services to prepare an annual pollution liabilities evaluation report for identified IRC -owned environmental liabilities and represent IRC during interactions with regulatory agencies. Geosyntec has prepared this proposal (professional services as Exhibit A) as Work Order No. CCNA-2018 WO No. 7 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec. The remainder of this letter provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of thework described herein. Uncertainty as a result of the COVID-19 pandemic is impacting operations in every aspect of our economy. In this proposal, we have presented Geosyntec's anticipated budget and schedule for the scope of work described. As circumstances change, we may need to adjust how and when the scope is delivered, as well as any other impacts to the budget and schedule. In the event that a change is required; we will discuss the situation with you so we can reach a mutually acceptable solution. engineers 1 scientists 1 innovators 141 Geosyritec ° consultants PROJECT BACKGROUND As part of the long-term monitoring activities for the identified CVOC plume associated with the South Gifford Road Landfill, a network of monitoring wells will require sampling on an annual or semi-annual basis to: (i) confirm that the CVOC plume is not migrating by monitoring thelateral and vertical extent; (ii) evaluate the impact of source and dissolved plume bioremediation to assess CVOC plume centerline concentrations over time; and (iii) assess the impact of biological and physical natural attenuation processes on CVOC plume degradation. In consideration of the ongoing natural attenuation processes occurring at the site, the enhancement of these biological processes via the injection of an electron donor was proposed and agreed to in concept by the FDEP in correspondence dated 2 August 2006. In response to FDEP's request and supported by groundwater monitoring results, Geosyntec conducted an injection event in 2017 [Remedial Action Plan Modification Addendum No. 3 (RAPM 3)] to remediate recalcitrant CVOC groundwater impacts in the former source area. Semi-annual performance monitoring associated with bioremediation implementation is ongoing at monitoring wells GR-MW3OB and GR- MW37B and conducted concurrently with groundwater monitoring of the plume monitoring well network. PROPOSED SCOPE OF WORK The proposed scope of work consists of semi-annual groundwater monitoring and reporting and related activities to be performed on behalf of IRC SWDD at the Former South Gifford Road Landfill. For the purpose of budgeting, the scope of work has been divided into the following tasks: • Task 1 — Project Management; • Task 2 — Meetings/Regulatory Interaction; • Task 3 — Annual Pollution Remediation Liabilities Evaluation; • Task 4 — Semi -Annual Sampling Activities; and: • Task 5 — Data Evaluation and Semi -Annual Reporting. The remainder of this section presents a general description of the activities to be performed in each task. engineers 1 scientists 1 innovators 142 Geosyntec consultants Task 1 - Project Management: Under this task, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. The budget includes five hours per sampling/reporting event and one hour per month for the project manager (22 hours total), one hour for the principal -in -charge, and one hour per month (12 hours total) for the administrative assistant. Task 2 - Meetings/Regulatory Interaction: Under this task, Geosyntec will prepare for and attend up to two meetings, with IRC SWDD, FDEP, and/or IRC Board of County Commission, as necessary. It has been assumed that one of these meetings will be in person and one meeting will be by video or conference call. Also, under this task, four hours has been included for the principal - in -charge to provide ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Task 3 — Annual Pollution Remediation Liabilities Evaluation: As requested by IRC SWDD, under this task, Geosyntec will prepare the annual environmental liability evaluation. This document is prepared annually in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The objective of GASB No. 49 is to enhance the usefulness and comparability of pollution remediation obligation information reported by state and local governments. It has been assumed that the report will include evaluation of two sites, including South Gifford Road Closed Landfill (4701 41st Street) and Old Administration Building (1840 25th Street). In addition, two hours have been included for a Florida registered professional engineer to conduct an independent review of the liability evaluation. Task 4 — Semi -Annual Sampling Activities: Under this task, Geosyntec will perform 2020 field activities related to the performance monitoring and plume groundwater monitoring. The semi- annual activities will include field preparation, groundwater sampling, and water level measurements. Field preparation activities will include scheduling and staffing, subcontracting, coordination with the analytical laboratory, field equipment preparation, procurement of Passive Diffusion Bag (PDB) samplers, and notifying FDEP and Vero Beach Municipal Airport of the field schedule. Performance monitoring well GR-MW3OB and GR-MW37B associated with the RAPM3 implementation is included in the semi-annual sampling plan for analysis of bioremediation performance parameters, including dissolved gasses, total organic carbon, and dechlorinating microbial concentration. Geosyntec will perform the groundwater sampling activities associated with the CVOC plume monitoring well network. Sampling activities will be completed with a combination of PDB engineers 1 scientists 1 innovators 143 Geosyntec ° consultants samplers and traditional low -flow sampling techniques. PDBs are anticipated to be purchased from EON Products, one of the few suppliers of this type of passive sampling device. Groundwater sampling activities will be executed using a two -person sampling crew and will be performed in general accordance with the FDEP Standard Operating Procedures (SOPs). The proposed summer 2020 field event (tentatively scheduled for June) will include sampling of nine monitoring wells (six wells using PDBs and three wells with traditional sampling techniques). The summer 2020 field event is budgeted to include one day for groundwater sampling activities and one day for PDB deployment for the next sampling event (total of two field days each with two persons). The proposed winter 2020 field event (tentatively scheduled. for December) will include sampling of 47 monitoring wells (38 wells using PDBs and nine wells with traditional sampling techniques). The winter 2020 field event is budgeted to include a total of three and one-half days (with two persons) for groundwater sampling activities and PDB deployment for the summer 2020 field event. Consistent field documentation and field protocols will be utilized to develop reliable data to support the natural attenuation evaluation for the groundwater plume. The groundwater samples will be analyzed in accordance with the sampling plan summarized in the 2019. Annual Groundwater Monitoring Report. Quality control samples are proposed to be collected at a rate of 5% of total samples as required by the most recent FDEP SOPs. Geosyntec will conduct a complete round of groundwater level measurements concurrent with each semi-annual groundwater sampling event (budgeted for one day with two -person field team for each event). Depth to groundwater measurements will be recorded to the nearest 0.01 -ft in each monitoring well, including existing monitoring wells and applicable City of Vero Beach wells (assumed up to 95 wells per event). Due to wet site conditions and difficult access to certain well clusters, costs for rental of a utility task vehicle are included for one day of groundwater level measurements and one day of sampling per event (4 total days). It is anticipated that purge water (investigation -derived waste [IDW]) will be containerized in 55 - gallon polyethylene drums and temporarily staged on Site for characterization prior to removal and disposal. Costs are included herein for purchase and delivery to the site for two 55 -gallon polyethylene drums and for one-half day of drum disposal oversight for one person. During the monitoring well inventory conducted by Geosyntec personnel during the winter 2019 field event, approximately 20 well clusters were noted to be overgrown by brush or tall grass impeding access for sample collection. Geosyntec will provide oversight for a contractor to clear brush in an approximate 6 ft radius around select well clusters in conjunctionwith the winter 2020 field event to maintain access to well clusters. Costs are included for two days oversight (with one person) and for subcontractor costs. engineers 1 scientists 1 innovators 144 Geosyntec ° consultants Overall, for field activities, budget has been included for ten and one-half field days for one person, eight field days for a second person, (i.e., 18.5 man days) and associated field expenses for sampling. Task 5 — Data Evaluation and Semi -Annual Reporting: Under this task, Geosyntec will perform data evaluation activities and reporting. The reporting includes preparation of one summer 2020 report (simplified format) and one winter 2020 report for submittal to FDEP. The summer 2020 report will be a letter report with attachments, including a monitoring well location map and tables of the field and laboratory results. Data evaluation activities for the summer 2020 report will include database management, screening results against applicable regulatory criteria, and summary data table preparation. This report will be prepared following the June field event. The winter 2020 report will be consistent with the groundwater monitoring reports historically submitted to FDEP for this Site and the data evaluation activities will include database management, screening results against applicable regulatory criteria, GIS figure preparation, time trend analyses, and/or statistical data analyses. The winter 2020 annual report will be supported by attachments containing Chain -of -Custody sheets, field notes and observations, water sampling logs, maps, graphs, analytical results, quantitative statistical evaluation, and other applicable materials. As part of the statistical analysis, trend analysis graphs showing temporal concentrations of constituents and a summary of the Mann -Kendall statistics will be included to identify increasing, decreasing, or no trends in groundwater constituent concentrations. Historical data summaries will be included for monitoring wells recommended for removal from the monitoring plan. The draft summer and winter 2020 reports will be submitted to IRC SWDD for review prior to submittal to FDEP. Each final report will be signed and sealed by a Florida registered professional engineer or geologist. SCHEDULE The semi-annual groundwater sampling events will be tentatively conducted in June and December 2020 as described herein. Reports will be submitted to FDEP to meet required deadlines. BUDGET ESTIMATE A budget estimate for the scope of work outlined in Tasks 1 through 5 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for SWDD since 2002 at the Site, and experience with groundwater monitoring and reporting activities at similar facilities. engineers 1 scientists 1 innovators 145 Geosyntec ° consultants Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. Task 1 — Project Management $5,227 Task 2 — Meetings/Regulatory Interaction $5,995 Task 3 — Annual Pollution Remediation Liabilities Evaluation $2,668 Task 4 — Semi -Annual Sampling Activities $54,844 Task 5 — Data Evaluation and Semi -Annual Reporting $18,017 TOTAL $86,751 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, 6/1 \U4% Crystal Towns, P.G. Geologist rt- vt4' Jill W. Johnson, P.G. Principal Geologist Attachments engineers 1 scientists I innovators 146 ATTACHMENT A BUDGET ESTIMATE engineers 1 scientists I innovators 147 Table 1 APRIL 2020 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 1: Project Management ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 1 $225 Project Professional hr $185 22 $4,070 Subtotal Professional Services $4,295 B. Technical/Administrative Services Project Administrator hr $65 12 $780 Subtotal TechnicaVAdministrative Services $780 C. Reimbursables Communications Fee 3% labor 0.03 5,075 $152 Subtotal Reimbursables $152 TOTAL ESTIMATED BUDGET : TASK 1 $5,227 148 Table 2 APRIL 2020 BUDGET. ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 2: Meetings/Reeulatory Interaction ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 16 $3,600 Project Professional hr $185 12 $2,220 Subtotal Professional Services $5,820 C. Reimbursables Communications Fee 3% labor 0.03 5,820 $175 Subtotal Reimbursables 5175 TOTAL ESTIMATED BUDGET : TASK 2 $5,995 149 Table 3 APRIL 2020 BUDGET. ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 3: Annual Pollution Remediation Liabilities Evaluation ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services . Senior Principal hr $240 1 $240 Principal hr $225 2 $450 Project Professional ' hr $185 2 $370 Senior Staff Professional hr $140 10 $1,400 Subtotal Professional Services $2,460 B. Technical/Administrative Services Project Administrator hr $65 2 $130 Subtotal Technical/Administrative Services $130 C. Reimbursables Communications Fee 3% labor 0.03 2,590 $78 Subtotal Reimbursables $78 TOTAL ESTIMATED BUDGET : TASK 3 $2,668 150 Table 4 APRIL 2020 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 4: Semi -Annual Sampling=_ Activities ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services • Principal hr $225 4 $900 Project Professional hr $185 12 $2,220 Senior Staff Professional hr $140 126 $17,640 • Subtotal Professional Services 820,760 B. Technical/Administrative Services Staff Professional hr $120 96 $11,520 Project Administrator hr $65 2 $130 Subtotal Technical/Administrative Services S11,650 C. Subcontractors Land Clearing quote $3,475 1 $3,475 Laboratory Analysis for VOCs each $62 59 $3,658 Laboratory Analysis for TOC each $29 7 $203 Laboratory Analysis for Dissolved Gases each $83 9 $747 Laboratory Analysis for Dhc each $273 4 $1,092 Laboratory Analysis for vcrA each $91 4 $364 Subtotal Subcontractor Services $9,539 D. Reimbursables Miscellaneous Supplies day $50 8 $400 PDBs for Summer event (includes shipping) quote $32 6 $192 PDBs for Winter event (includes shipping) quote $32 38 $1,216 Drums/Delivery each $161 1 $161 Drum Transport/Disposal each $284 1 $284 Lodging day $164 18 $2,952 Per Diem day $55 18 $990 Communications Fee 3% labor 0.03 $32,410 $972 Utility Task Vehicle Rental day $209 4 $836 Field Vehicle day $80 18 $1,440 Overnight Cooler -Test America each $95 4 $380 Overnight Cooler-SIREM each $95 2 $190 Groundwater Sampling Kit (per sampler) day $300 8 $2,400 Water Level Measurement Kit (2 person team) day $60 2 $120 PDB Deployment Kit day $100 2 $200 Equipment Shipping each $54 3 $162 Subtotal Reimbursables $12,895 TOTAL ESTIMATED BUDGET : TASK 4 S54,844 Notes: I. Lodging rates were taken from the GSA website for the Vero Beach area (https://www.gsa.gov/travel/plan-book/per-diem-rates/). 2. Groundwater Sampling Kit includes two sets of the following: water level indicator, peristaltic pump, water quality meter (pH, temperature, conductivity, dissolved oxygen, and oxidation reduction potential), turbidity meter, tubing, and miscellaneous field supplies. 3. Water Level Measurement Kit includes: water level indicator and miscellaneous field supplies. 4. PDB Deployment Kit includes: miscellaneous field supplies necessary to suspend and deploy PDBs. 151 Table 5 APRIL 2020 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL TASK 5: Data Evaluation and Semi -Annual Renortin ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Principal hr $225 16 $3,600 Project Professional hr $185 30 $5,550 Senior Staff Professional hr $140 40 $5,600 Subtotal Professional Services $14,750 B. Technical/Administrative Services Designer hr $130 12 $1,560 Clerical hr $50 12 $600 Subtotal Technical/Administrative Services $2,160 C. Reimbursables Communications Fee 3% labor 0.03 $16,910 $507 Specialized Computer Applications hr $15 36 $540 8.5"x11" Photocopies each $0.12 500 $60 Subtotal Reimbursables $1,107 TOTAL ESTIMATED BUDGET : TASK 5 $18,017 152